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02-20-2012 February 20, 2012 Mayor and Council Meeting February 20, 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, Human Resources Director Kay Bolick, Police Chief Stan Hook, Fire Chief Jason Lanyon, Library Director Michael Seigler, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve Ciaccio, Public Works Director Scott Stokes, Community Development Director Ken Suddreth, Finance Director Robert Porche, Keep Smyrna Beautiful Director Ann Kirk, 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 7:30 o'clock p.m. Mayor Bacon called on Pastor Hector Guzman of Crosspoint Presbyterian Church, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that item 4(A) had been withdrawn without prejudice and that a representative of """ Branch Properties was present and might speak on that item. He made known that Consent Agenda items 8(B), 8(C), 8(D) and 8(H) would be withdrawn. The Mayor acknowledged audience member Preston Bates of Cub Scout group 2 and introduced Josh Belinfonte, who announced his candidacy for State Senate in the 6`" District. Mr. Belinfonte shared that his parents were residents of Smyrna and praised the City's leadership in developing the area. He provided his campaign website address of www.joshforsenate.com and the Mayor extended his greetings to candidate Belinfonte's parents, followed by discussion about his father's occupation as a dentist in the city. MAYOR'S REPORT: 4. LAND ISSUES/ZONINGS/ANNEXATIONS: 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Tract - 2899, 2931 and 2971 Atlanta Road - Branch Capital Partners, L.P. Tabled from January 17, 2012 Meeting- To be withdrawn without prejudice (TA) Councilwoman Anulewicz called on Ellen Smith, representing Branch Properties, who announced that the application would be withdrawn. She shared that the reasoning for the action was to address the comments and concerns raised since the site plan had been filed. The Councilwoman clarified that Branch was not pulling out of the project and Ms. Smith confirmed that the intent was to develop a more detailed plan with a more area appropriate project. There was discussion about Publix commitment to the site and Ms. Smith confirmed the chain anticipated opening at that location. Councilwoman Anulewicz called on Scott February 20,2012 2 Cochran to explain the term withdrawal without prejudice and it was made known that this item could be brought before Council again at any point. The Councilwoman commented that she had been appreciative of community feedback and encouraged all to continue making their opinions known. The Mayor confirmed that no official action had to be taken. MOTION: Councilwoman Anulewicz moved to approve that Zonin g 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. be withdrawn without prejudice. The Mayor stated this was a public hearing and asked for comment. Jean Martin of 3435 Lee St., 47 year resident of Smyrna, expressed her desire not to see apartments built by Branch Properties. She cited the recent actions of the City in removing apartments that correlated with higher crime rates and requested adherence to the original zoning. She remarked that there were already three Publix and the new Kroger within a three mile radius. Ms. Martin stated her recollection of statements made by the Mayor and Councilman Lnenicka that Atlanta Rd. would not become heavily commercialized like South Cobb Drive and asked that they avoid developments that would lead to that end. Brian Bober, residing at 4893 Delford Ct., stated his approval and appreciation of Branch Properties moving forward with development of the parcel. He expressed his support of the mixed use concept and requested a phased approach, suggesting a condo conversion option and framed only residential units. Mr. Bober made known his desire to see a Greenwise Publix on that site and highlighted the advantages of including luxury residential housing that could enhance the vibrancy of the City and create foot traffic for local business. Councilman Lnenicka concurred with both speakers in that the goal was, despite the state of the economy, to deliver a project that would contribute to the downtown Smyrna area. He opined that this required some sort of residential and not merely a strip mall at the site in question. The Councilman extended his pledge to work with the citizens and developers to ensure that a good, strong plan was established. Motion was seconded by Councilman Fennel and approved 7-0. 5. PRIVILEGE LICENSES: Mayor Bacon stated that there was none. 6. FORMAL BUSINESS: (A) Approval of Ordinance 2012-02 suspending until May 7, 2012 all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances (RF) Mr. Taylor stated that this item had previously been before Council and that the State General Assembly was currently debating a similar issue. Mr.Taylor shared that modifications to this ordinance were being postponed to allow for the outcome at the State level. MOTION: Councilman Fennel moved to approve suspension of ordinance 2012-02 suspending until May .. 7, 2012 all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances. Motion was seconded by Councilman Lnenicka and approved 7-0. Amonlowspoinimmilmomminnow February 20,2012 3 7. COMMERCIAL BUILDING PERMITS: s•• Mayor Bacon stated that there were none. 8. CONSENT AGENDA: Mayor Bacon called on Mr. Taylor, who read aloud the consent agenda items 8(A), 8(E), 8(F), 8(G) and 8(H). (A) Approval of February 6, 2012 Mayor and Council Meeting Minutes (B) Approval of the Restated Defined Benefit Master Plan, Adoption Agreement and Addendum and Authorize Mayor to execute related documents (WITHDRAWN) (C) Approval and Adoption of Revised Personnel Policies LVE 1-0 Annual Leave and LVE 2-0 Sick Leave (WITHDRAWN) (D) Award RFQ 12 027 Mini Excavators to Cobb County Tractor for $129,573.00 as apparent low bidder meeting all specifications and no exceptions (WITHDRAWN) (E) Approval to use Council Chambers on February 29, 2012 from 7:00-9:00 pm for a Williams Park Neighborhood meeting in conjunction with the Smyrna Historical Society (F) Approval to use Council Chambers on February 28, 2012 from 7:00-9:00 pm for a Bennett Woods Meeting in Ward 7 (G) Approval of Court Room Conduct Rules and Uniform Rules for Municipal Courts of the State of Georgia for City of Smyrna's Municipal Court (Traffic and Environmental Court Divisions) (H) Approval of Amendment to SPLOST Program Management Services Agreement with Croy Engineering LLC and authorize Mayor to sign and execute related documents (WITHDRAWN) MOTION: Councilwoman Pritchett moved to approve the Consent Agenda. Motion was seconded by Councilman Welch and approved 7-0. COMMITTEE REPORTS: Councilman Fennel stated that the police department had been actively pursuing recent break-ins and called on Chief Hook, who provided 2011 statistics with five years of historical data. There was discussion about the new traffic signal being installed on Gaylor St. that would allow left hand turns from the shopping center at that location. Chief Hook remarked on the number of accidents that occurred with the existing layout on that road and Councilman Lnenicka opined that there had been problems there since the County redesigned that area four years prior. Councilman Fennel shared his appreciation for the police department's effort to prevent DUI's and called on Chief Lanyon to provide a report for the Fire Department. Mayor Bacon commented that data displayed on the screen was difficult to read and Councilman Fennel announced that staff was working toward placing report information on the website. Chief Lanyon provided the 2011 annual report, highlighting the high percentage of paramedics in the department. Councilman Fennel requested that the Chief elaborate on the significance of this fact and was informed that the city's percentage far exceeded both state and national averages. He stated that paramedic February 20,2012 4 certification was considered a requirement in Smyrna since most calls received were EMS. The Chief noted the large number of courses and training in place to ensure that personnel were properly certified. Councilwoman Blustein inquired about the CPR training offered in partnership with Emory Adventist Hospital. Chief Lanyon confirmed the CPR Anytime courses were available to Smyrna citizens, were ongoing, required only a 60-90 minute time commitment, had no written test requirement and included basic AED familiarization. The Councilwoman stressed the importance of CPR training and encouraged all to avail themselves of the course. Councilman Lnenicka requested that the Chief speak on the child seat safety program. Chief Lanyon shared details of what was involved and how residents could participate, providing details and the number for interested parties to call to schedule evaluation appointments. Councilwoman Anulewicz emphasized the need to ensure proper installation of seating following the guidelines provided by the manufacturers. The Chief made known that classes filled up quickly and that reserving space was recommended. Councilman Fennel announced that citizens could also receive free blood pressure checks at the stations and that those facilities operated as safe havens for those in jeopardy. Councilman Fennel shared the recent groundbreaking event for the new fire station in Ward 7 and thanked the City for supporting its development. He noted that installing appropriate signage and promoting the services available at the station were currently underway. Councilman Lnenicka stated that there was no HR report and called on the City Clerk to provide an update on voting in the presidential primary. Ms. Hiott shared the dates and time the polls would be open as well as how to find participating locations. She made known that absentee ballots were available and provided the contact number for those wishing additional information. The Councilman remarked on the opportunity to exercise the right and privilege to vote, encouraging all citizens to do so. He expressed gratitude to the fire department for their part in the groundbreaking ceremony of the new station, stating his enthusiasm for this facility that would serve the citizens of south Smyrna. Councilman Lnenicka thanked residents of Creatwood at Vinings for inviting him to their HOA meeting and made known the completion of the Campbell Bridge project. He relayed that he was present at the reopening, was the first to drive across and had received a tremendous response to his email newsletter informing Ward 6 residents of the bridge opening. Councilman Lnenicka addressed concerns about Campbell Rd. becoming a four-lane street and assured all present that no such plans had been, or were being, considered. He thanked voters for approving the 2005 SPLOST that helped make the bridge improvement possible. Councilwoman Wilkinson called on Library Directory Michael Seigler who provided statistics on circulation and number of visitors. Mr. Seigler reminded all of the partnership with Cobb County's mobile career center and the free services offered each Wednesday. He mentioned the upcoming contest hosted by the Friends of the Library offering artwork from a local artist as the prize. Steve Ciaccio discussed the open house event held at Taylor Brawner Hall. He shared that nearly 300 people were in attendance and publicly acknowledged the vendors that volunteered that evening: Atkins Park, Low Country Barbeque, La Parilla, Triple J's Catering, Talk of the Town, Creative Cakes, Cowlicks and decorator Main Events. Mr. Ciaccio outlined the facilities at Taylor-Brawner including the large reception hall, studios and conference rooms. He encouraged all to consider that location for meetings, receptions or weddings. Councilman Welch commended Facility Event Coordinator Shea Daniels for her work and lauded the department's efforts on making a successful event. He called on Ann Kirk, who discussed the Arbor Day celebration. She thanked KSB volunteers and Board members for organizing the event, extending special recognition to Kim Brinson for her efforts in attaining guest speaker Rick Smith. She announced that recycling center was now accepting donations of clothing and books and the provided the date and times of the upcoming shredding event at the Wolfe Center. Ms. Kirk shared that Iron Mountain would accept up to 100 lbs or four file boxes with no charge. She made known the Great American Clean-up Campaign kick- February 20,2012 5 off at the Capital and asked for citizens to submit suggestions for projects in the Smyrna area. She concluded by inviting interested parties to register for one of the remaining plots in the community garden. wpm Public Works Director Scott Stokes mentioned that Campbell Rd. bridge was open and that completion of landscaping and finishing touches were planned for the next few weeks. He shared that work had begun on the Spring Rd. bridge, that all buildings at Hickory Lakes had been demolished and asbestos abatement was underway at Smyrna Commons. There was discussion with Councilman Lnenicka about street paving on Argyle Dr. and Mr. Stokes provided the status of water main replacements, storm water projects and the Atlanta Gas Light development. Councilman Welch inquired when the equipment for fuel conversion would be available and was informed the anticipated date was roughly three weeks. Councilwoman Anulewicz invited Finance Director Robert Porche to speak. He delivered a presentation on the new Tyler software and the implementation timeline. Councilman Lnenicka inquired if the start date for the software should coincide with the start of the budget year. Mr. Porche replied that there would be a slight delay due to training schedules and the July 4th holiday but impact would be negligible. Mayor Bacon recognized the efforts of Jennifer Bennett and former Councilman McNabb for their work on bringing the new system to fruition. He also acknowledged the Councilman's part in the construction of the new Kroger. Councilwoman Anulewicz shared that the software rollout was the culmination of years of work and was a comprehensive program that would streamline operations within the city. She encouraged all to access the City of Smyrna facebook to stay informed of events and provided her own social media address. The Councilwoman announced that she would be available to meet with citizens at Rev Coffee, providing the times she would be at that location. She mentioned the ongoing discussions about the development at Jonquil and encouraged all to enroll for her email list by contacting her at tanulewicza,smvrnaga.gov. Councilwoman Blustein called on Ken Suddreth, who provided a summary of statistics for Community Development and an analysis of the data. The Councilwoman noted her observations that there was movement in the stagnant real estate market that had been plaguing the economy. She attributed much of this to the willingness of banks to work to avoid foreclosures and stated her optimism that recent trends indicated a rebounding economy. She announced the enthusiasm of Ward 2 residents at having the Campbell Rd. bridge open. Councilwoman Pritchett thanked the constituents on Campbell Rd for their patience and made known that she, along with Mayor, Councilwoman Blustein, Councilman Lnenicka, the Project Manager, City Engineer and Public Works Director would be arranging a ribbon cutting event. The Councilwoman extended her appreciation to Argyle estates for their patience throughout the paving project. She offered her gratitude to Ms. Kirk for a successful Arbor Day celebration and informative guest speaker. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Alex Backry of 3459 Shawnee Trail relayed his desire for Mayor and Council to be accessible, operate with honesty, transparency and responsiveness in order to broaden the involved base. Mr. Backry commented on a function at Atkin's Park that was advertised on the water bill. He questioned what revenue was collected and opined that equal marketing opportunity be made available to all local businesses. He remarked on the encroachment of the Atkin's Park event tent on a handicap parking space and talked about the special February 20,2012 6 permission granted. Mr. Backry brought up Bob Ott's recent meeting that was not announced by Mayor and Council, asking that city leadership inform residents of town hall meetings at the city, county and state MR level. '" Mr. Al Graves, residing at 1079 Pinehurst Dr., inquired if there was a formal committee for the purposes of recruiting and maintaining business in Smyrna. He stressed the need for a visible point of contact that businesses could approach about moving into the city. Mr. Graves pondered if the city had guidelines for the types of industry desired and noted that the most recent large vendors were existing companies that had upgraded to facilities with increased square footage. He noted all of the vacant property and the negative impact to the tax base. Mr. Graves brought up the development of RaceTrac in Kennesaw and was curious who had been involved with the RaceTracs coming to Smyrna. Mary Kirkendoll mentioned that crimes against a local woman were not immediately brought to the attention of citizens and opined that there was insufficient communication from the City following a recent DEA bust. She questioned the level of involvement of local police in that operation and commented on the number of illegals in the area. Ms. Kirkendoll discussed the vacant lots in the city, the low number of businesses entering the community and the amount of money being spent on SPLOST projects with Croy Engineering. She requested better transparency of expenditures of tax dollars, enhanced interactivity with the website and regular open forums. Ms. Kirkendoll stated her disapproval at the proposed landscaping of the current road improvement projects, the stalling of the Concord Rd. development and the closing of Brown Elementary School. Brian Bober of 4893 Belford Ct. shared his acquaintance with people who had moved out of Smyrna because of the reputation of the City's schools. He opined that there needed to be a greater focus on the positive attributes of the education available to Smyrna residents to prevent citizens from feeling compelled to leave the City. Mr. Bober shared his hope that the new opportunity zone would be utilized as a business recruiting tool to its maximum potential. The Mayor commended the new Council on a job well done and made known his pleasure at the success of the new Kroger and Adventure Outdoors. He stated that tough economic times had forced the closure of several Zucca's locations around Atlanta and that all were working to remain positive in this climate. The Mayor thanked the citizens for the 75% vote that put him back in office. ADJOURNMENT With no further business, the meeting was adjourned at 8:54 o'clock p.m. February 20,2012 7 ..._, €' 4 _IA° i 0 © , . • 1 p". A. MAX BACON, MAYOR SUSA D. HIOTT, CITY CLERK AL 1 / , iiLlf (<-/k dit.A.-1(--, / C-4.4./ .....- MELLENY PI TCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 I -401 ' 4A 1 1 1. .0 . ! �� ICI ANULEWICZ46 ARD 3 CHARLES A.WELCH, W A RD 4 , . ) _-)A6CCIA 1 1/k/ifretla c-`17/" , AO& ' SUSAN WILKINSON, WARD 5 WADE S. LNENIC' A, ARD 6 .....- deth- 0.• RO ENNEL, WARD 7 ORDINANCE NO. 2012-02 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, THAT SECTIONS REQUIRING ELECTRONIC RECORDS, OF ARTICLE III, CHAPTER 22, PAWNBROKERS BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections mandating use of electronic records within Article III, Chapter 22 of Pawnbrokers of the Code of Ordinances of the City of Smyrna, Georgia, be suspended until May 7, 2012. 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 of February, 2012 Attest: A. Max Bacon, Mayor •L1ii /O. i! Susan D. Hiott, City Clerk City of Smyrna Appre ed as to form: Ai A.-.1 Scott A. Cochran. City Attorney City of Smyrna