07-16-2012 July 16, 2012 Mayor and Council Meeting
July 16, 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, Community
Development Director Ken Suddreth, City Planner Rusty Martin, Public Works Director Scott Stokes,
Executive Assistant to the Mayor Christy Ullman, Library Director Michael Seigler, Human resources
Director Kay Bolick, Finance Director Antonette "Toni" Jo Howard, Parks & Recreation Jodi Mills,
Management Fellow Jessica Melton 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 7:29 o'clock p.m.
Mayor Bacon acknowledged Reverend Dawn Britt of the Tillman United Methodist church, who conducted
the invocation and led all present in the pledge to the flag.
2. AGENDA CHANGES:
The Mayor stated there were none.
3. MAYOR'S REPORT:
°"". (A) Proclamation in Recognition of Whitefield Academy Boys Tennis Team Winning the GHSA State
Championship Title
Councilman Fennel introduced the player's and read aloud and presented the proclamation. The Mayor
praised the contributions of Whitfield Academy to the City and shared that the father of the team's Coach
was his physician when he was a child.
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
The Mayor announced the upcoming public hearings. He called for any candidates present. There were
none.
(A) Public Hearing - Zoning Request Z12-004 - Approval for the use of a temporary building - 8.83 Acre
Tract- Land Lot 669 - 3130 Atlanta Road - Covenant Christian School (WL)
Mr. Taylor provided the background that the use of a temporary building had been approved 4-0 on March
3, 2008 and again on March 17, 2010 with a vote of 7-0. He made known the stipulation that the structure
be used for no more than 24 months. Mr. Taylor shared that the Church was raising funds to build a
permanent classroom but had not yet reached their target and was therefore requesting an extension.
The Mayor announced the public hearing and there was no public comment. The applicants were sworn in
and head of the school Randy Ball introduced himself along with administrative staff member Barbara
Hines and School Board member Calvin McDuffie. Mr. Ball explained that the temporary building had
been in place for four years and that the goal was to replace it with permanent structure. He detailed the
2
July 16,2012
capital fund and the plans to develop and initiate the capital campaign to allow for the strategic growth of
the school. He shared that additional time was needed to accomplish that goal.
Councilman Lnenicka noted that when the structure was first approved in 2008 that it was prior to the
downturn in the economy. He elaborated that economic conditions had impacted all sectors of society and
opined that it was appropriate to allow additional time for the church to conduct the necessary fundraising
efforts. The Councilman remarked on the quality of the modular structures and the amenities included as
being nearly indistinguishable from permanent buildings. He made known that he was aware of no adverse
comments or objections raised by citizens and stated his support.
MOTION: Councilman Lnenicka moved to approve use of a temporary building - 8.83 Acre Tract - Land
Lot 669 - 3130 Atlanta Road - Covenant Christian School. Motion was seconded by Councilwoman
Pritchett and approved 7-0.
(B) Public Hearing- Approval Ordinance 2012-14, text amendment to Section 703 of City of Smyrna
Zoning Ordinance pertaining to day nurseries (AB)
Mr. Taylor announced that staff had drafted a text amendment to include a circular drive for ingress and
egress with same approved 7-0 by the Planning & Zoning Board on July 19, 2012. He shared that staff
acknowledged additional work was necessary and recommended tabling the item indefinitely.
The Mayor announced that this was a public hearing and called for comment, asking all those that wished
to speak to approach and be sworn in. Mayor Bacon recognized that matters pertaining to property rights
could be emotional and asked that speakers be respectful and make unique comments.
Councilwoman Bluestein called on Ken Suddreth, who delivered a presentation on the text amendment. He
noted that the current ordinance required a circular driveway. He shared that there were varying opinions
about the classification of the road accessed by the driveway and detailed those interpretations. Mr.
Suddreth explained that the new version clarified that both the ingress and egress would be off the same
street and read aloud the proposed changes.
Garvis Sams of the law firm Sams, Larkin and Huff announced that he was representing Oxford Academy
and Jimmy and Cindy Smith. He shared that parents of children attending that daycare were present to
show their support and requested that they stand. Mr. Sams stated that a settlement with the Berry family
had been reached and was being documented. He made known that he had spoken with former Community
Development Director Chris Miller and former City Engineer Ken Hildebrand regarding the actual
adoption of the ordinance on July 5t", 2006 in order to understand the historical proceedings. Mr. Sams
declared that the settlement negotiations underway included an agreement for the Smiths to utilize their
existing home on Church while making privacy improvements at their property on Flagler. The Mayor
clarified that there were two issues on the agenda and Mr. Sams stated that his party was neutral on the
driveway amendment.
The Mayor called for public comment and Councilwoman stated that the item would be tabled. A
gentleman approached to speak on item 4(C) and was informed that he should reserve his remarks for the
public hearing on the next agenda item. Councilwoman Blustein made known that due to the volume of
correspondence and interest in the R15 ordinance that Council would like additional time to explore all
3
July 16,2012
available options. She announced that the decision was made to table the items until they could be
discussed in detail to identify a workable solution. The Councilwoman requested patience on the part of the
citizenry and emphasized the commitment of Council.
MOTION: Councilwoman Blustein moved to approve that Ordinance 2012-14, text amendment to Section
703 of City of Smyrna Zoning Ordinance pertaining to day nurseries be tabled indefinitely. Motion was
seconded by Councilwoman Pritchett and approved 6-1 with Councilman Lnenicka voting against.
(C) Public Hearing- Approval of text amendment to Section 703 of the Zoning Ordinance removing day
nurseries and kindergartens as authorized use in R-15 zoning classification - (AB) - Tabled from July 2,
2012 meeting- To be tabled indefinitely
Mr. Taylor stated that this item had been added to the agenda by Councilwoman Wilkinson at the Council
meeting held on July 2, 2012. He mentioned the earlier comments that staff and Council were in agreement
that closer analysis needed to be conducted and stated that staff recommended approval.
Mayor Bacon announced that this was a public hearing and apologized to Mr. Don Berry and others for the
unanticipated addition of the item to the previous meeting's agenda. He explained that a public hearing
announcement had been inadvertently run in the paper, requiring that item be added. Mr. Suddreth
explained that the item under consideration would remove the daycare nurseries portion entirely from the
RI5 ordinance and Mayor Bacon stated this would not affect those facilities already in existence. He
encouraged anyone wishing to speak on the item to be sworn in and Mr. Cochran conducted the ceremony.
Lloyd Hughes of 760 Pine Hill Drive spoke in favor of Oxford Academy. He credited the establishment
with his active community involvement and valued relationships with local families. He praised the quality
of care and education there and shared his disappointment at the negative attacks against the Smiths. Mr.
Hughes stated his support of the pending compromise and opined that the expansion would create jobs,
retain local revenue and provide strong feeder programs for local schools.
Jennifer Corcoran of 2899 Hillside made known that she was in support of Oxford and approved of the
compromise offered. She opined that continued attempts to block the expansion were based on personal
reasons and expressed that it would be a loss to the community if the loving environment of Oxford was not
allowed to flourish.
Mayor Bacon recognized Tim Lee, Chairman of Cobb County Board of Commissioners. Mr. Lee
introduced himself and expressed his gratitude for the cooperative efforts between the City and the County.
The Mayor announced the election on July 31st and Mr. Lee mentioned early voting, outlining locations and
asking all present for their support.
Diane Barch requested that the daycare text be removed from the R15 ordinance to prevent the expansion
of Oxford Academy and similar businesses in the future. She asked that all daycares seeking permits under
the current ordinance, prior to Council voting, be disallowed. Ms. Barch submitted that property values
were lowered by commercial use facilities in residential neighborhoods and commented on the increased
traffic and noise of the daycare. She recognized the necessity of child care facilities but stated her
opposition to such a location operating in a residential community and negatively impacting the peace and
quiet of residents.
July 16,2012
4
Eric Handler, residing at 1856 Vinings Mill Walk, stated his support of Oxford Academy as a parent with a
child attending. He elaborated that he recommended the facility to all and that the expansion needs of the
school were a testament to the satisfaction of those families enrolled. He explained that he would have to
travel outside of Smyrna to find a comparable preschool and encouraged Council to reward good business
practices and maintain revenue in the City. Mr. Handler expressed his desire that those opposed would see
the overwhelming support of Oxford and embrace it in their community.
Judy Davila announced that she was the property manager for David Smith, owner of the property below
805 Flagler Circle. She clarified that the rumor that there was a family feud was unsubstantiated. Ms.
Davila shared that her client's property was being damaged by water runoff from pipes under the parking
lot drainage that were not buffered. She noted that a 70% impervious parking space had been permitted
when requirements stated 35% and cited the lack of a retention pond. Ms. Davila shared that her client
understood there was a tentative agreement but that it did not address plans for 801 Church St. and their
impact on his property at 825 Flagler Circle. She elaborated that there would be additional impervious
surface and runoff Ms Davila presented that the quality of the daycare and the architecture were not in
question. She opined that the facility could be built in another location and noted that with the number of
kids on the waiting list further expansion would likely be required to accommodate growth.
Ryan Hammack of 3479 Dunn Street asked that Council consider the overwhelming community support for
Oxford Academy and its value to early childhood education. He stated it was a vital asset to the city and
essential to combats flight to schools in other areas. Mr. Hammack praised the location as being away from
high commercial traffic and other safety concerns and close to homes with parks. He expressed that the
owners and staff were like extended family and requested that Council stand for the development and well
being of the city's children with a show of support for the compromise.
Laura Backus, residing on Dunn Street, shared that both of her children attended Oxford and made known
her support of the expansion. She read aloud from an announcement in the city water bill referencing the
website knowsmyrna.com and the adoption of an economic incentive designed to allow local businesses to
have every opportunity to succeed. She lauded the dedication of Oxford to provide for the betterment of
children and expressed her confidence in entrusting her own family to them. She noted an earlier comment
that the issue was not about quality of care, elaborating that the expansion was a direct result of the high
level of service provided. Ms. Backus opined that the safe haven offered by the Academy attracted young
vibrant families to a thriving community and asked that Council vote in favor of Oxford.
Laurie Welch of 3344 Dunn Street shared that, after extensive research, she had enrolled her children at
Oxford and commuted from midtown so that they could attend. Mrs. Welch remarked on the number of
referrals she had provided and the local business establishments she frequented as a result. She made
known that she appreciated the unadvertised and secure location in a quiet neighborhood and would not
have selected the school had it been located in a commercial area
Vincent Longo of 1023 Hillsdale Street stated that he was a local business owner and parent of an Oxford
Academy student. He explained that one of the reasons he had selected Oxford was the secure location,
large number of personal referrals and the extensive waiting list. Mr. Longo made known that he was a
home builder and relayed that he had convinced families seeking to relocate for childcare to remain in
Smyrna and send their children to Oxford. He elaborated that the Academy benefited his business by
5
July 16,2012
attracting people to the city. He noted that he is an investor and owns numerous homes in Smyrna. Mr.
Longo addressed an earlier comment and stated that rentals and businesses run out of homes are businesses
too and stated his support for increased business in Smyrna.
Kathryn Ofterhide made known her support and referenced the Mayor's comments about the positive
contributions of Whitfield Academy. She shared that she sits in traffic every day as she passes by that
school and announced to all that she did so gladly because she was aware of the value that establishment
added to the community and the peace of mind it provided parents.
Don Berry, r..siding at 835 Flagler Circle, stated that his family had owned that home since 1960 and
shared that he had spent a lot of money on renovations. He made known that he did not disagree with the
supporters but made known his desire to see the business process be evaluated. He requested that the
zoning be limited commercial and that the modifications to allow for commercial uses in residential areas
should not be permitted.
Becky Roberts McMinn of 905 Flagler stated that 820 Flagler Circle was owned by her mother. She
submitted that the issue wasn't against Oxford but rather where it should expand and the impact of having a
daycare included in a residential neighborhood. She expressed that the Smith's had done a good job and
had the right to expand, however not to encroach on a residential community. She shared that the original
Oxford had more hard surfaces than green space as did the second location. Ms. McMinn requested that
the fulfillment of all R15 requirements be required. She opined that without proper due diligence that
neighborhoods would be allowed to be broken down. Ms. McMinn explained that it was difficult to support
the expansion without proper controls in place and cited that no verbiage was present in the zoning to
address assemblages.
An unidentified citizen affiliated with Oxford spoke of the challenges in finding quality childcare and made
known that she had began a daycare of her own many years back. She stated her support of the Academy
and highlighted its community involvement and ability to forge bonds between Smyrna families. The
citizen explained that families enrolled at that facility appreciate the small, intimate, Christian environment,
the proximity to their communities and the protection of an unsigned building. She opined that these
families were hard working, tax-payers that supported local business. The speaker submitted that Oxford
Academy provided stable jobs opportunities and the expansion would create 24 more. She recognized the
concerns of the neighbors and opined that rejecting the expansion entirely would have a severe negative
impact on the area. She brought up the proposed compromise, stated that Oxford and no intention of
expanding down Flagler and that the construction would be consistent with other building located there.
Mayor Bacon praised the merits of public hearings and stated his own understanding that Oxford Academy
had no plans to expand down Flagler. He shared his impression that the renovations had been well done and
acknowledged that the most passionate issues that came before Council were property rights. He submitted
that Oxford could only expand if property owners sold to them and stated that Council understood the
rights of people as well as the benefit of the academy. He shared that his own granddaughter had attended
that school.
WWI Councilwoman Blustein expressed her appreciation for all of the input and asked for the patience of all
concerned as Council worked towards a viable solution. She thanked everyone for their time and input.
July 16,2012
6
MOTION: Councilwoman Blustein moved to approve Approval of text amendment to Section 703 of the
Zoning Ordinance removing day nurseries and kindergartens as authorized use in R-15 zoning
classification - (AB) - Tabled from July 2,2012 meeting- To be tabled indefinitely
5. PRIVILEGE LICENSES:
(A) Public Hearing-new ownership and agent-retail package sale of beer and wine-Racetrac Petroleum Inc
dba Racetrac #633-Rachel Lynn Pearson-2550 Spring Rd. (MP)
Mayor Bacon inquired if the applicant was present and called on Mr. Taylor, who provided the background.
Mr. Taylor stated that Ms. Pearson would be the registered agent for the location, had been provided with a
copy of the ordinance and attended the mandatory alcohol awareness training. He made known that the
Smyrna police department had conducted a background check and found nothing to preclude issuance of
the license and that staff recommended approval.
Ms. Pearson introduced herself and the Mayor stated this was a public hearing, calling for public comment.
There was Hone.
Councilwoman Pritchett confirmed the identity of the applicant and inquired about her previous experience.
Ms. Pearson stated that this would be her third license and that she annually attended Evindi courses. Ms.
Pearson introduced her partner Sheridan Petterson who would also be onsite operating and conducting
training at the store. Ms. Pearson detailed the type of training and the requirements in place for sales
associates. Councilwoman Pritchett stated that the City occasionally conducted sting operations to ensure
compliance and Ms. Pearson acknowledged. The Councilwoman stressed that any violators would be
arrested and the agent would be held accountable. There was discussion about the opening date and hours
of operation. Councilman Lnenicka asked where else she held licenses and she responded that she was the
agent for the stores on Oakdale and the East-West Connector. The Mayor commented on the high quality of
the newest store and Ms. Pearson remarked that the one currently under construction would be even nicer.
There was discussion about the proximity of RaceTrac's headquarters. Councilwoman Pritchett expressed
the enthusiasm of Ward 1 residents and Ms. Pearson detailed the variety of offerings that would be
available in the convenience store portion.
MOTION: Councilwoman Pritchett moved to approve new ownership and agent-retail package sale of beer
and wine-Racetrac Petroleum Inc dba Racetrac #633-Rachel Lynn Pearson-2550 Spring Rd. Motion was
seconded and approved 7-0.
6. FORMAL BUSINESS:
(A) Appointment of Finance Director, Antonette "Toni Jo" Howard(TA)
Mr. Taylor provided the background of the new Finance Director as the former Assistant CFO and
Controller for Fayette County. Councilwoman Anulewicz welcomed her to the City. The Mayor explained
that staff is hired by the City Administrator and welcomed Ms. Howard.
MOTION: Councilwoman Anulewicz moved to approve the appointment of Finance Director Antoinette
"Toni Jo"Howard to commence July 30th. Motion was seconded by Councilwoman Pritchett and approved
7-0.
7
July 16,2012
(B) Approval of Ordinance 2012-15 amending Section 6-2, 6-34, 6-45, 6-61, 6-62, 6-63, adding 6-74, 6-75,
6-76 and amending 6-124 , of Chapter 6, Alcoholic Beverages, City of Smyrna Code of Ordinance (AB)
Mr. Taylor provided the background that the amendments allowed for the sale of growlers and wine by the
glass for educational purposes as well as permitting restaurant patrons to remove unfinished bottles of wine
for off premise consumption. In addition, it would allow for licensing of brew pubs and add language to
conform with recent state laws regarding tasting at distilleries. Mr. Suddreth detailed the proposed
amendments and Councilman Lnenicka inquired which section(s) would address the extended hours. Mr.
Suddreth replied that 6-61, 6-62 and 6-63 would be impacted. Councilman Fennel commented on the
responsibility of the City to encourage business choices while remaining diligent in holding agents
accountable. He stressed the strength of the police department in ensuring the safety of the roads and
citizenry. Mayor Bacon remarked that Smyrna charges heavily for licenses to aid in regulation.
MOTION: Councilwoman Blustein moved to approve Ordinance 2012-15 amending Section 6-2, 6-34, 6-
45, 6-61, 6-62, 6-63, adding 6-74, 6-75, 6-76 and amending 6-124, of Chapter 6, Alcoholic Beverages, City
of Smyrna Code of Ordinance.
MOTION: Councilman Lnenicka moved to remove sections 6-61, 6-62 and 6-63 for approval in a separate
vote.
The Mayor confirmed the request and clarified with Attorney Cochran the proper proceedings. Mr.
P'"' Cochran explained that if Councilman's Lnenicka's motion was seconded and approved then the three
amendments would be voted on as a separate item.
Councilwoman Wilkinson seconded the motion made by Councilman Lnenicka and it was approved 6-1
with Councilwoman Pritchett voting against.
MOTION: Councilman Fennel moved to approve Ordinance 2012-15 amending Section 6-2, 6-34, 6-45
adding 6-74, 6-75, 6-76 and amending 6-124, of Chapter 6, Alcoholic Beverages, City of Smyrna Code of
Ordinance. Motion was seconded by Councilwoman Blustein and approved 7-0.
MOTION: Councilwoman Blustein moved to approve Ordinance 2012-15 amending Section 6-61, 6-62, 6-
63 of Chapter 6, Alcoholic Beverages, City of Smyrna Code of Ordinance. Motion was seconded by
Councilman Fennel and approved 4-3 with Council members Lnenicka, Welch and Wilkinson voting
against.
(C) Approval of Ordinance 2012-16, amending Section 6-51 regarding issuance of photo permit of Chapter
6 Alcoholic Beverages of the City of Smyrna Code of Ordinances (AB)
Mr. Taylor explained that the License and Variance Board had recently received a number of appeals for
denied server permits. As a result, the city attorney requested an amendment be considered to clarify the
requirements for the issuance of serving permits. Mr. Taylor stated that staff had reviewed the item and
,, recommended approval.
July 16,2012
8
MOTION: Councilwoman Blustein moved to approve Ordinance 2012-16, amending Section 6-51
regarding issuance of photo permit of Chapter 6 Alcoholic Beverages of the City of Smyrna Code of •
Ordinances. Motion was seconded by Councilman Fennel and approved 7-0.
7. COMMERCIAL BUILDING PERMITS:
The Mayor stated that there were none.
8. CONSENT AGENDA:
Mr. Taylor read aloud the consent agenda.
(A) Approval of July 2, 2012 Minutes
(B) Approval of revised Personnel Policy 10-0 Smoking/Tobacco Use and authorize Mayor to sign related
Document
(C) Approval to apply for a grant (for $22,600) from the U.S. Department of Justice for Communications
and Leadership Project
(D) Award RFQ 12-037 to The Floor Store GA, Inc. for $37,075.50, for new carpet tile at the Community
Center, including removal/disposal of old carpet and install of new carpet in Banquet-Community Rooms
and Hallways on main and upper floors, and authorize Mayor to sign documents related to this service
(E) Approval of bid award to Dominica Recreation Products (Distributor for GameTime Equipment) to
replace Kidsrape Village Playground at Cobb Park for $139,342.52 in accordance with US Communities
Contract# 110179 with funding from FY2012 Community Development Block Grant Program and Mayor
to sign and execute related documents
MOTION: Councilman Welch moved to approve the Consent Agenda as presented. Motion was seconded
by Councilman Fennel and approved 7-0.
Mayor Bacon confirmed that the bid award winners for items (D) and (E) were the low bidders.
COMMITTEE REPORTS:
Councilwoman Pritchett stated that Ms. Bennett would deliver a report on the status of the Granicus
project. The Councilwoman mentioned the upcoming TSPLOST vote on July 31St and encouraged all to go
out and vote. Councilwoman made known that if the TSPLOST passed the city would receive between
eight and a half to nine million dollars. She stated that meetings would be held with the citizens to identify
the project list for fund allocation.
Councilwoman Blustein called on Mr. Suddreth, who delivered a report on the month's building activity.
Mr. Suddreth noted the overall growth and provided a breakdown by development category.
9
July 16,2012
Councilwoman Anulewicz called on Ms. Bennett, who gave an overview of the Granicus system. Ms.
Bennett informed all that it would replace the current voting system as well as allow for citizens to
comment online about agenda items. She shared that the program offered a civic ideas portion that polled
citizen's for ideas about how to improve the community. Ms. Bennett noted that a team of city staff would
be trained on the system and that rollout to Council and streaming video was anticipated to be in October.
She announced that the civic ideas platform was scheduled to be operation in August. Ms. Bennett noted
upcoming events including the City's birthday celebration on August 4th and the Food Truck Tuesday
activity that would be every week into October. She provided information on the offerings of the food truck
vendors as well as details about parking availability. The Mayor commended Ms. Bennett for her efforts
and for her work on the State of the City Address. Councilwoman Pritchett requested that people be
conscientious about leaving parking areas clean and Ms. Bennett thanked everyone that attended the recent
food truck event for picking up after themselves.
Councilwoman Anulewicz expressed her gratitude to Betty Cagle for organizing the food truck event, the
vendors, Behavioral Center, Community Bank of the South, Covenant Christian and the Presbyterian
Church for extending their hospitality to the community. She noted the expansive geography of the
residents that attended the event and praised the activity. Councilwoman Anulewicz noted the large number
of events for Smyrna residents to attend throughout the year and opined that the Tuesday event was a great
addition to enhance the community. She mentioned the upcoming primary election and announced that she
would conduct a fifth Monday meeting for Ward 3 residents on Sunday, July 29th with details to be
provided as available. She announced her contact information and encouraged all to reach out to her with
any questions or concerns.
Councilman Welch called on Ms. Kirk, who made known that Smyrna's Happy Belly Food Truck was
awarded first place at the Atlanta Street Food Festival and would be offering a breakfast menu at Smyrna's
Fresh Market. She informed all of the upcoming Adopt a mile program and thanked the Kennesaw students
that had volunteered at the recent recycling event. Councilman Welch encouraged all to come out for the
clean-up event and called on Mr. Stokes, who delivered a presentation on construction projects throughout
the City. he noted that the Concord Rd. widening and Ward St. projects were out for bid and shared that
999 Concord Rd. had been demolished. Mr. Stokes reviewed the water main and storms sewer projects.
Councilman Welch mentioned complaints he had received about replacement striping in areas of Ward 4
and stated that they were being addressed, asking anyone with concerns to contact him.
Councilwoman Wilkinson called on Ms. Mills, who delivered a report from Parks and Recreation. Ms.
Mills shared that the movie night would be rescheduled due to inclement weather and provided dates and
times for upcoming events. She announced that the Smyrna Blue All-Stars little league team, coached by
Broderick Archie, had won the Georgia Recreational Parks Association State Championship in Savannah.
Ms. Mills concluded by informing all present of recent activities and membership at the Wolfe Center.
Michael Seigler mentioned that thanks to the Wolfe Center's writer's work group actress and author Adia
Barnes would be at the library for a book reading. He delivered a report on happenings at the library
including Star Wars Saturday and magician Ken Scott, providing dates and times. Mr. Seigler made known
the details of the upcoming summer reading pool party and the annual frozen yogurt social hosted by the
,, Friends of the Library.
10
July 16,2012
Councilwoman Wilkinson thanked the citizens that spoke on the daycare issues. She stated that there was a
clear need for good daycare and that Oxford had a great reputation. She noted that those owners would
likely operate a great school at any location. Councilwoman Wilkinson recognized the challenge to balance
the intent of the R15 zoning to preserve and protect existing development while simultaneously
encouraging similar and complimentary development. She elaborated that businesses should ensure
intensity and density compatibility with adjacent single family detached dwellings. The Councilwoman
shared that the concerns raised over the past months needed to be deliberated and considered by Council.
She acknowledged the parents that spoke in favor of the school as well as those residents seeking to
preserve their neighborhood, thanking them all for their input.
Councilman Lnenicka called on Ms. Bolick, who delivered a report from Human Resources. She stated that
the City had been recognized by the Community Health Network with a client appreciation award for the
wellness program. Ms. Bolick made known that the City set an example with its successful results and she
displayed the award. Ms Bolick highlighted several open positions and shared how applicants could
proceed with seeking employment.
Councilman Lnenicka called on Ms Hiott, who provided voting times and locations for the upcoming
primary. Ms. Hiott informed all of the advanced voting option and polling change location for residents in
Ward 1 due to construction at Argyle Elementary. She stated that additional information could be found at
www.cobbelxtions.org and the Councilman encouraged all to verify the voter registration information to
check for changes due to reapportionments.
Councilman Fennel echoed the sentiments for voting and thanked those that attended the recent town hall °n.,
meeting. He made known a forum for candidates that would be hosted at Vinings Estates by the Smyrna
Golden Kiwanis and urged people to get out and vote. The Councilman called on Chief Hook, who relayed
that a safety officer had rescued a young child and shared the recovery status of the city's injured officers.
The Chief delivered a report on the statistics for the month of June and noted the significant decline in the
number of citations. There was discussion about the impact of the motorcycle officers not being active on
the overall amount of tickets written. Councilman Fennel called on Assistant Fire Chief Acree, who
presented a report on the fire department and the alternate response vehicle pilot program. He noted that
70% of calls were being answered by the fire medic units and highlighted the benefit of reduced long term
wear and tear on the fire engines. Chief Acree stated that soon there would be a unit at each station and
noted the progress and anticipated completion date of Station 5.
Mr. Taylor commended the success of Food Truck Tuesdays and the efforts of all involved. He shared that
it was amoag the largest food truck events around metro Atlanta. Mr. Taylor welcomed the new Finance
Director to the City.
Mayor Bacon wished Ken Nix a speedy recovery.
SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
CITIZEN INPUT:
July 16,2012
11
Alex Backry of 3459 Shawnee Trail commented on remarks made by the Mayor during the delivery of the
annual speech. In particular, he referenced statements about the decision to purchase Hickory Lakes. Mr.
Backry opined that there should have been a referendum to allow taxpayers to decide on the 13.5 million
dollar acquisition. He expressed that the decision to buy Hickory Lakes was risky and submitted that the
perpetrators of crime at that location had moved to other buildings in Smyrna run by the same management
company. Mr. Backry claimed that four other bidders had been interested in renovating Hickory Lakes and
that the City had lost tax revenue by razing those building.
Oleg Ivutin of 1406 Hornell Lane spoke on the TSPLOST referendum. He calculated that Smyrna residents
would contribute approximately 25 million dollars. He questioned the viability of the tax if only eight to
nine million was returned to the City. Mr. Ivutin commended Councilwoman Wilkinson for taking a
potentially politically difficult stance and raising the issue of returning to the original verbiage in the R15
ordinance. He opined that the current law allowed for a daycare to exist in the middle of every
neighborhood. Mr. Ivutin thanked Councilman Lnenicka for his vote against the purchase of the structure
on Concord Rd. He noted that it was not the role of the governing body to get involved in speculative
purchases and brought up the acquisition of apartment complexes as another example of such action. Mr.
Ivutin questioned the financial implications of Hickory Lakes and the impact of a reduced tax base. He
stated that he would like to see additional zoning tiers to reduce future conflicts
ADJOURNMENT
With no f he b :ii% s, t•- • -eting was adjourned at 9.55 o'clock p.m.
4i1A9P54,;(40111/9'A. MAX BACON, MAYOR SU AN D. HIOTT, CITY CLERK
M' _ •NY P F TCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2
TERI ANULEWICZ, WARD 3 CHARLES A.WELCH, WARD 4
n if .IT. I I
///�iii//i
SUSAN WILKINSON, WARD 5 WA III '� t A, ARD 6
PROM
}
RON ' NNE , WARD 7
2012-15
ORDINANCE NO. 2012-15
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA,
GEORGIA, THAT CHAPTER 6, ALCOHOLIC BEVERAGES BE AMENDED AS
FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Section 6-2 Definitions be amended to include in definitions the following:
Brewpub means any eating establishment in which beer or malt beverages are manufactured or brewed,
subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the
premises and solely in draft form.
Package means a bottle, can, growler, keg, barrel, or other original consumer container.
That Section 6-34 Types of licenses be removed in its entirety and amended to read as
follows:
The types of alcoholic beverage licenses which may be issued under this chapter are:
(1) Pouring distilled spirits;
r
(2) Pouring wine and malt beverage;
(3) Wine specialty shop (add on to package license only);
(4) Educational tastings of wine or malt beverages(add on to package license only);
(5) Educational tastings of distilled spirits within a distillery(add on to a manufacturers license only);
(6) Brewpub(add on to malt beverage pouring license only):
(7) Package distilled spirits;
(8) Package wine and malt beverage;
(9) Wholesale alcoholic beverages; and
(10) Manufacturer.
That Section 6-45 Consumption on package licenses premised prohibited be removed
in its entirety and amended to read as follows:
Sec. 6-45. - Consumption on package licensed premises prohibited.
Except as otherwise specified herein, it shall be unlawful for any person licensed for the operation of a
package store only to permit or allow any consumption of alcoholic beverages on the premises of such
package store location. It shall be the duty of the owner and/or operator of each establishment to police and
prevent the consumption of any alcoholic beverages upon the premises of any package store location.
Consumption on the premises shall be allowed only in those locations having a pouring license except that in
2012-15
locations having a license to sell package wine, wine may be consumed on such premises during a wine
tasting. However, wine may be sold by the drink and consumed on the premises provided that a specialty
wine shop or educational tasting license is obtained as provide herein. motif
That Section 6-61 Hours of operation be removed in its entirety and amended to read
as follows:
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 permit for such sales from the city.
(c) Pouring, distilled spirits and pouring, wine and malt beverages. Licensees in pouring distilled spirits and
licensees in pouring wine and malt beverages shall not sell except between the hours of 8:00 a.m. to 2:00
a.m., Monday through Saturday (Sunday morning). This section shall apply to private clubs as well.
Provided that,these hours may be extended as provided by a special sales permit and Sunday sales permit as
described in this chapter.
(d) Wholesalers. Business hours of any wholesaler licensed hereunder shall be limited to the hours from sunup to
9:00 p.m., exclusive of Sunday.No wholesaler shall be open on Sunday.
(e) Election days. The sale of alcoholic beverages in the city shall be permitted on election days, as the same are
defined in O.C.G.A. § 3-3-20.
That Section 6-62 Sunday sales permit be removed in its entirety and amended to read
as follows:
Sec. 6-62. - Sunday sales permit.
(a) In addition to the hours of operation specified in this chapter, licensees in pouring distilled spirits and
licensees in pouring wine and malt beverages, but not including wine specialty shops or educational tasting
permits, may sell and serve on Sundays from 12:30 p.m. until 2:00 a.m. (Monday morning), provided the
licensee applies for and receives a Sunday sales permit for such sales from the city. The licensee must also
hold a city alcoholic beverage pouring license. The hours of operation may be extended for New Year's Eve
when the holiday falls on Sunday, or on the Sunday of Memorial Day or Labor Day weekends, to allow
licensees who also hold a Sunday sales permit to sell and serve alcoholic beverages until 2:00 a.m. on
Monday.
(b) Such applicants shall complete a form furnished by the city, supplying such information as may be requested.
Prior to permit issuance, the applicant must make available records for audit purposes to determine and
mow
verify if the establishment is meeting all requirements prescribed in this chapter. The permit may be denied
or removed for failure to so conform or failure to produce satisfactory evidence of conforming.
(c) All annual permit renewals shall be made in the same manner and during same time periods as other
alcoholic beverage license renewals. All renewals are subject to audit prior to being renewed to ensure
2
2012-15
compliance with this section. All renewal applications shall be accompanied by a statement by a certified
public accountant that no more than 50 percent of sales are derived solely from the sale of alcoholic
... beverages.
(d) No Sunday sales permit is transferable.
(e) A fee for issuance of the Sunday sales permit may be established and/or changed from time to time by the
governing body by resolution, and a schedule of fees shall be maintained in the office of the city clerk.
(f) The Sunday sales permit shall be subject to any requirements in this chapter pertaining to enforcement and
revocation proceedings and shall be automatically revoked if the alcoholic beverage pouring license is
revoked.
That Section 6-63 Special late hours permit be removed in its entirety and amended to read as
follows:
Sec. 6-63. - Special late hours permit.
(a) In addition to the hours of operation specified in this chapter, licensees in pouring distilled spirits and
licensees in pouring wine and malt beverages may sell and serve during the hours of 2:00 a.m. and 4:00 a.m.,
Monday through Saturday (Sunday morning), provided the establishment applies for and receives a special
late hours permit for such sales from the city. The licensee must also hold a city alcoholic beverage pouring
license.
(b) Such a licensee is authorized to apply for a special after hours sales permit. Applicants for such a permit shall
ORM complete a form furnished by the city, supplying such information as may be requested. Prior to permit
issuance, the applicant must make available records for audit purposes to determine and verify if the
establishment is meeting all requirements prescribed in this chapter. The permit may be denied or removed
for failure to so conform or failure to produce satisfactory evidence of conforming.
(c) All annual permit renewals shall be made in the same manner and during same time periods as other
alcoholic beverage license renewals. All renewals are subject to audit prior to being renewed to ensure
compliance with this section. All renewal applications shall be accompanied by a statement by a certified
public accountant that no more than 50 percent of sales are derived solely from the sale of alcoholic
beverages.
(d) No special late hours sales permit is transferable.
(e) A fee for issuance of the special late hours sales permit may be established and/or changed from time to time
by the governing body by resolution, and a schedule of fees shall be maintained in the office of the city clerk.
(f) The special late hours sales permit shall be subject to any requirements in this chapter pertaining to
enforcement and revocation proceedings and shall be automatically revoked if the alcoholic beverage
pouring license is revoked.
That Section 6-74 Educational tastings of wine or malt beverages be added to read as
follows:
Sec. 6-74.—Educational tastings of wine or malt beverages
(a) As used in this Code section, the term educational tasting license shall be limited to a person possessing a
current license from the City for the sale of wine or malt beverages by the package and in grocery store
locations whose total interior floor area, inclusive of storage area, exceeds 40,000 square feet.
3
2012-15
(b) All eligible licensees may petition the City for an educational tasting permit provided it meets all other
requirements of the City's alcoholic beverage ordinance and presently maintains a valid license from the City
for the sale of wine or malt beverages by the package. An educational tasting permit shall allow the ..,
permittee to offer and sell wine or malt beverage samples in connection with an instructional or educational
promotion. An educational tasting permit is intended to allow such activity on a limited basis and shall not
be part of the core operations of such establishment or on a daily basis.
(c) No tastings shall be conducted on the premises of any place of business licensed to sell distilled spirits,
unless associated with a distillery, as defined by the State of Georgia and as referenced in Section 6-75.
(d) Any tasting occurring on the premises of a business possessing a license to sell wine or malt beverages by the
package shall be limited to an area that is separated from the retail area of the premises by walls or other
partitions that prohibit pedestrian traffic through the tasting area.
(e) All annual permit renewals shall be made in the same manner and during same time periods as other
alcoholic beverage license renewals. All renewals are subject to audit prior to being renewed to ensure
compliance with this section.
(f) The educational tasting permit shall be subject to any requirements in this chapter pertaining to enforcement
and revocation proceedings and shall be automatically revoked if the alcoholic beverage package license is
revoked.
That Section 6-75 Educational tastings of distilled spirits within a distillery be added to read
as follows:
Sec.6-75.—Educational tastings of distilled spirits within a distillery ..,e
(a) As used in this Code section, the term educational tasting license shall be limited to a person possessing a
current license from the City for the manufacture of distilled spirits.
(b) Tastings shall be conducted in a manner consistent with O.C.G.A. Chapter 4, Title 3, relating to distilled
spirits.
That 6-76 Removal of wine from restaurant by patron be added to read as follows:
Sec. 6-76.—Removal of wine from restaurant by patron.
(a) Notwithstanding any other contrary provision of the ordinance from which this section derives, any
restaurant which is licensed to sell wine for consumption on the premises may permit a patron to remove one
unsealed bottle of wine per patron for consumption off the premises, if the patron has purchased a meal and
consumed a portion of the bottle of wine with such meal on the restaurant's premises.
(b) A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the
licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be
placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container
has been subsequently opened or tampered with, and a dated receipt for the bottle of wine or corkage fee and
meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the
container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or
the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
MOM
That Section 6-124 Pouring requirements be removed in its entirety and amended to
read as follows:
4
2012-15
Sec. 6-124.-Pouring requirements.
°""" No pouring license, except a license for a wine specialty shop or educational tasting, shall be issued to, or
held by, any applicant unless at least 50 percent of the business by volume, when considering the total of
sales from alcoholic beverages and food prepared to be consumed on the premises, shall be from the sale of
prepared foods to be consumed on the premises.
(1) All establishments licensed to pour shall submit a quarterly audit showing the sales of alcoholic beverages
and food prepared on the premises and nonalcoholic drinks to the city business license office no later than at
the time of renewal for the coming license year.
(2) Authorized officials of the city may examine the records of applicants at any reasonable time to ascertain that
the requirements of this section are met.
(3) The dining area or serving area of the applicant must have a minimum seating capacity of 40.
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 16th`h day of July, 2012
�/
•
Attest: A. Max Bacon, Mayor
Susan D. Hiott, City Clerk
City of Smyrna
Ap.'oved . .to form:
_ _4_
Scott A. Cochran, City A e - •
City of Smyrna
5
2012-16
ORDINANCE NO. 2012-16
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 6-51 of CHAPTER 6, ALCOHOLIC BEVERAGES BE
AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
Sec. 6-51.—Issuance of photo permit for employees.
That Section 6-51 (e) (1), (2), (3), and (4) be removed in it's entirely and amended to
read as follows:
(1) That employee as a previous or current employee, or as a previous alcoholic beverage
licensee, has been convicted of violating any laws, ordinances, or regulations regulating such
business if such conviction or arrest occurred within a five-year period immediately preceding
the date of application. If there are pending charges alleging violations of such laws and
ordinances or regulations,then action shall be postponed until the charges are adjudicated;
(2) That employee within a five-year period preceding the date of application shall have been
convicted for any felony charged under any of the laws of the several states or of the United
States. If there are pending charges alleging violation of a felony,then action shall be postponed
until the charges are adjudicated;
ppm
(3) That employee has been convicted of more than one misdemeanor, including traffic
violations, involving the use or abuse of any alcoholic beverage, opiate or drug, within the three
years preceding the application. If there are pending charges alleging violation of such
misdemeanor, then action shall be postponed until the charges are adjudicated provided that
conviction of the charge would disqualify the applicant from receiving the photo permit or
(4) That employee is on parole or probation unless the applicant provides sufficient proof that
the employee will not violate the terms of such parole or probation by the employment in an
establishment serving alcohol.
In the event there is a criminal record discovered that would exclude the issuance of a
photo permit,the designated agent of the police department shall issue a letter to the person
fingerprinted, to the city clerk, and to the employer, stating that the person is ineligible for
employment.
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.
NVINO
inniMMOMMOMMIniniiiik
2012-1b
Approved by Mayor and Council this lbthth day of July, 20
• Attest: A. Max Bacon, Mayor
e; 17/6
Susan D. Hiott, City Clerk
City of Smyrna
Appro/ed as to form:
Scott A. Cochran, City Attorney
City of Smyrna
Nom
2