08-20-2012 August 20, 2012 Mayor and Council Meeting
Ism August 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, Executive Assistant to
the Mayor and Council Christy Ullman, Finance Director Antonette "Toni" Jo Howard, Information Systems
Director Chris Addicks, Parks & Recreation Assistant Director Tanya Jackson, Police Chief Stan Hook, Fire
Chief Jason Lanyon, Community Relations Director Jennifer Bennett, Community Development Planner
Rusty Martin, Public Works Director Scott Stokes, Library Director Michael Seigler, 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 Associate Pastor Barbara Hatchell of Smyrna 1st 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. MAYORS REPORT:
Mayor Bacon stated that there was none.
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
The Mayor stated that there were none.
5. PRIVILEGE LICENSES:
Mayor Bacon stated that there were none.
6. FORMAL BUSINESS:
(A) Public Hearing- Approval of a Resolution 2012-07 of the Mayor and Council of the City of Smyrna,
Georgia, consenting to the submittal of the 2030 Comprehensive Plan 5-Year Update to the Atlanta
Regional Commission and to the Georgia Department of Community Affairs (AB)
Mayor Bacon called on Mr. Taylor, who made known that the state planning act required cities to submit a ten
year comprehensive plan with an updated short term work program every five years. Mr. Taylor noted that the
City was prepared to submit the update to the Atlanta Regional Commission via the required resolution of
Mayor and Council. Mr. Taylor stated that staff had reviewed the item and recommended approval.
... Mr. Suddreth explained that this process was a two step procedure. He elaborated that this authorization was
the first step with a final vote taking place later in the year. Mr. Suddreth reminded all present that the update
consisted of SPLOST and CIP, both of which had been previously approved.
Mayor Bacon announced the public hearing and called for comment. There was none.
August 20th,2012 2
MOTION: Councilwoman Blustein moved to approve Resolution 2012-07 of the Mayor and Council of the
City of Smyrna, Georgia, consenting to the submittal of the 2030 Comprehensive Plan 5-Year Update to the
Atlanta Regional Commission and to the Georgia Department of Community Affairs. Motion was seconded
by Councilwoman Pritchett and approved 7-0.
(B) Approval of Ordinance 2012-05 adding Article VIII, Sections 22-315-330, a Filming Ordinance to
Chapter 22 of the City's Code of Ordinances (AB) Tabled from April 2, 2012, May 7, June 4, July 2 meetings
to August 20, 2012 meeting
Mr. Taylor provided the background that Community Development had been working on an ordinance to
address filming within the city and noted that staff recommended approval.
Mr. Suddreth discussed that increased filming activity around town had generated questions about the best
processes to minimize any negative impact on residents. He stressed the need for clear channels to
communicate with industry professionals as well as coordinate with internal departments for road closures.
Mr. Suddretn outlined the major points being added to the code of ordinances and announced that the
ordinance addressed definitions, exemptions, insurance requirements and the need for permits. He reviewed
several exemptions and shared that Community Development, with the approval of the City Administrator,
would coordinate matters pertaining to filming. Mr. Suddreth stated that the proposed document was quite
lengthy but that staff had reviewed the item and recommended the ordinance be adopted.
Councilwoman Blustein thanked the Community Development department for meeting the needs of the City
while simultaneously drafting a document that would be appealing to the film industry.
MOTION: Councilwoman Blustein moved to approve Ordinance 2012-05 adding Article VIII, Sections 22-
315-330, a Filming Ordinance to Chapter 22 of the City's Code of Ordinances. Motion was seconded by
Councilman Fennel and approved 7-0.
(C) Approval of Ordinance 2012-19 suspending all sections mandating use of electronic records of Article III,
Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances (RF)
Mr. Taylor relayed that the city had been working on an update to the pawnbroker ordinance. He stated that
issues with electronic reporting requirements had been raised and the item had been tabled several times. He
shared that the City was prepared to move forward but, in light of Cobb County addressing this same item,
staff recommended tabling it until November 5`". The Mayor asked for public comment. There was none. Mr.
Taylor clarified that it was to suspend only the electronic reporting requirement.
MOTION: Councilman Fennel moved to approve Ordinance 2012-19 suspending all sections mandating use
of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances. Motion was
seconded by Councilwoman Pritchett and approved 7-0.
(D) Approval to initiate process and authorize a Resolution and Declaration of Taking, acquiring portions of
the following properties for public transportation purposes: 3295 South Cobb Drive and 852, 888, 1166, 1295,
esmap
1270 and 1338 Concord Road (CW) +
Mr. Taylor detailed the City's efforts in preparing for the Concord Rd. expansion project. He noted that for
several years the needed property had been acquired with all lots on the north side compiled. Mr. Taylor
shared that the City had been in negotiations with the owners on the south side of Concord Rd. and had been
IsImmomm
3
August 20th,2012
able to reach agreement with all but seven properties. He stated that permission to proceed with action to
acquire the necessary partial parcels was required. Councilman Welch expressed his general lack of desire to
condemn property and stated that, at this juncture, such action was needed to move the project forward.
MOTION: Councilman Welch moved to approve initiation process and authorize Resolution 2012-08,
Declaration of Taking, acquiring portions of the following properties for public transportation purposes: 3295
South Cobb Drive and 852, 888, 1166. 1295. 1270 and 1338 Concord Road. Motion was seconded by
Councilwoman Pritchett.
Mayor Bacon confirmed that this action would only impact a portion of the lots on the listed properties. The
Mayor called for discussion. There was none.
Motion was approved 6-1 with Councilman Fennel voting against.
(E) Appointments to Tree Board - Ward 4 (CW)
MOTION: Councilman Welch moved to reappoint Kate Conner to the Tree Board for a term to expire August,
2016. Motion was seconded by Councilwoman Pritchett and approved 7-0.
(F) Appointment to Smyrna Hospital Authority - Ward 6 (WL)
MOTION: Councilman Lnenicka moved to reappoint Karen Avason for a term to expire in May of 2016. He
mo.m shared that she had already served two terms and expressed his pleasure at Ms. Avason's continued
commitment. Motion was seconded by Councilwoman Anulewicz and approved 7-0.
7, COMMERCIAL BUILDING PERMITS:
The Mayor stated that there were none.
8. CONSENT AGENDA:
Mayor Bacon called on Mr. Taylor, who read aloud the consent agenda.
(A) Approval of August 6, 2012 Mayor and Council Minutes
(B) Award RFP 13 - 002 Belmont Hills Connector to the lowest qualified bidder, Baldwin Paving for
$1,468,259.C4 and authorize the Mayor to execute any associated documents
(C) Award Bid RFP 13-003 Concord Road Improvements to the lowest bidder C.W. Matthews Contracting
Company for $6,890,536.83 w/all 3 alternates and authorize the Mayor to execute any related documents
(D) Approval for Campbell High School to conduct CHS Spartan Sprint 5K Run and Kids Fun Run on
November 17, 2012 - Assembling at 7:00 a.m. and ending at approximately 9:30 a.m.
How
(E) Ratification of partial road closure for east end of Anderson Circle from 2:00 p.m. - 7:00 p.m. on August
11, 2012 for Williams Park Neighbors annual social event
4
August 20th,2012
(F) Approval to use Council Chambers on August 30, 2012, 7:30 p.m. - 9:30 p.m. for Williams Park
Neighbors in conjunction with Smyrna Historical Society Meeting
(G) Approval of 2012 Performance Partnership Agreement with the Georgia Emergency Management Agency
between GEMA and City of Smyrna and authorize Mayor to sign and execute document
MOTION: Councilwoman Pritchett moved to approve the consent agenda as presented. Motion was seconded
by Councilwoman Anulewicz and approved 7-0.
9. COMMITTEE REPORTS:
Councilwoman Pritchett mentioned the upcoming run-off election and announced changes in Ward 1 voting
locations, encouraging all to vote. She made known that a team of people was testing the Granicus online
citizen input portion in preparation for a go live date in the next month or two.
Councilwoman Blustein reminded all to vote in the run-off election. She mentioned the efforts of Keep
Smyrna Beautiful and asked all to be thoughtful and do their part in eliminating litter. The Councilwoman
called on Mr. Suddreth, who highlighted the positive trend in Community Development. He elaborated that
the activity level during the summer was typically lower than other seasons but was still higher than the
previous year.
Councilwoman Anulewicz invited Ms. Bennett, who discussed the cancelled city birthday festivities and
announced that the fireworks had been rescheduled to take place during the Taste of Smyrna event. Ms.'
Bennett informed all present that the concert by Banks and Shane would be rescheduled with event details to
be posted on the social media and website, along with information on table reservations. She noted the
upcoming Food Truck Tuesday event and there was discussion with Councilwoman Pritchett about the
cupcakes from the cancelled birthday celebration. Ms. Howard delivered an update from Finance. She
reviewed the status of the Tyler Munis software implantation, including vendor training and coordination
efforts with Human Resources and Payroll. She noted the anticipated roll out date for those sectors was the
beginning of next year. Ms. Howard shared that the finance department was preparing for the audit and
anticipated it would be a two week process. Councilwoman Anulewicz mentioned that voting to name the new
school was underway with submissions being accepted until August 28`". She explained criteria for
nominations and that the committee would determine the top three with the Board of Education making the
final decision. The Councilwoman stated her support of the film ordinance that would streamline the process
for all involved.
Councilman Welch asked that citizens be understanding of traffic inconveniences due to the Concord Rd.
construction project, the majority of which would take place in Ward 4. He acknowledged that it would be a
lengthy process and requested that those with questions or concerns contact him. Ann Kirk of KSB thanked
Councilwoman Blustein for her comments about litter. She announced the upcoming shredding event at the
senior center on September 22 from 9-2 and detailed the allowable items. Ms. Kirk made known a medication
disposal free event to be held on Sept. 29th at the Cobb County Senior Super Center located at 2380 Cobb
Pkwy. She stressed the importance of the proper disposition of medications to reduce contamination of the
water supply. Councilman Welch addressed earlier comments about litter and there was discussion about the
high number of cigarette butts being improperly discarded. Mayor Bacon noted that volunteer Warren Brown
had picked up a large bag of cigarette butts from Concord Rd. Scott Stokes delivered a report from Public
Works providing updates on current construction projects. He discussed signage for Atlanta Rd. and the
upcoming public hearing for the median project. Mr. Stokes shared that completion of the Spring Rd. trail
5
August 20th,2012
punch list was nearly complete and that Public Works had two storm sewer projects out for bid. Councilman
0."" Welch inquired if striping was caught up and Mr. Stokes replied that only hand striping portions remained.
Councilwoman Wilkinson called on Michael Seigler, who discussed the library's current exhibit of Dot's Shoe
Review and Red Hot and Cool Green photography. He shared that there were several special programs taking
place and provided the details for the showing of the Hunger Games, a presentation by Epidemic Radio and a
National Hispanic Culture Month kick-off story program.
Tanya Jackson spoke about the recent movie in the park being cancelled due to weather and announced that
rescheduling efforts were under way. She shared that the Kidscape playground at Cobb Park was being
replaced and informed all present of the closure dates. Ms. Jackson made known that the new equipment was
being purchased using CBDG funds.
Councilman Lnenicka stated that there was no report from Human Resources and called on Ms. Hiott, who
reminded all of the upcoming election. She reported that the number of citations processed by court services
had decreased and provided statistics. Ms. Hiott reviewed statistics from the Clerk's office including the
number of open records, ordinances, resolutions and proclamations. Councilman Lnenicka stated that the
Atlanta Rd. multi-use trail was complete. He noted that the upcoming median project, about which a public
hearing was held the previous year, was about to commence. He stated that he anticipated another public
hearing to take place in September. Councilman Lnenicka remarked on the importance of citizen input,
highlighting other city projects that had been modified to accommodate citizen concerns and suggestions. The
Councilman encouraged all to attend and noted that details would be provided as they became available. He
mentioned the dedication of the girl's softball field at Campbell High School and thanked Councilwoman
Wilkinson for joining him in representing the City. He shared that the event honored Connie Stewart, who was
a pioneer for women's sports, taught at Campbell with his mother and was beloved of players and alumni. He
encouraged all present to vote in the upcoming election.
Councilman Fennel called on Fire Chief Lanyon, who appealed to residents to make certain that addresses
were easily identifiable. The Chief stated that fire station 5 was nearing completion and the City was expecting
to take possession and be operating by mid September. He shared that the dedication ceremony was scheduled
for September 22nd and informed all that parking would be limited. Councilman Fennel provided several
parking options and encouraged residents to participate. The Councilman announced the Heroes Gala to be
held on September 8th and invited all to attend. He noted there would be an auction and refreshments.
Councilman Fennel called on Police Chief Hook, who discussed personnel changes. The Chief shared that
Michael Hall was leaving, that Ricky Lee had retired and that Chief Mike Moore had passed. He announced a
string of air conditioner thefts as well as the details of a snatch and grab robbery. Chief Hook reviewed crime
statistics, call volumes, numbers of accidents and citations. The Chief noted that ticketing was down due to
injury related reduction of the city's motorcycle unit. Councilman Fennel shared that he and the Chief served
together on TEAM Georgia that was recently honored at Turner stadium by State Farm insurance agency. The
Councilman mentioned the recent dedication of the Morris Bell Upper School building at Whitfield Academy.
He commended the school and its reputation that drew residents to the area and benefited the community. He
congratulated Cobb County's Olympic champions, encouraged local businesses to hire veterans and asked that
citizens take the opportunity to express their gratitude to public safety officers.
Councilwoman Pritchett corrected an earlier statement, clarifying that Ward 1 voting would be held at fire
station#3. She stated that polling locations could be found on the Cobb County Board of Elections web page.
6
August 20th,2012
Mayor Bacon thanked both Councilman Lnenicka and Councilwoman Wilkinson for attending the dedication
at Campbell High School. The Mayor expressed that he was unable to attend due to a prior engagement. He°"'N"
announced a forum for candidate introductions and opened the floor. There were no speakers.
10. SHOW CAUSE HEARINGS:
(A) Hearing for Appeal of Alcohol Server Permit Denied by License and Variance Board - Marla LaFountain
Mayor Bacon called on City Attorney Scott Cochran, who introduced Ms. LaFountain and explained that a
permit was required to sell alcohol in Smyrna. He elaborated that this applied to both stores and severs. Mr.
Cochran informed all present that Ms. LaFountain's permit request was originally heard and denied by the
License and Variance Board. He stated that the city's ordinance provided for right to appeal before Mayor and
Council and swore in Ms. LaFountain.
Mr. Cochran confirmed the location of employment and details of the position being considered. He inquired
if she was able to work at that establishment without being able to sell alcohol. Ms. LaFountain responded in
the affirmative and stated that it would represent a hardship to the owner if she was unable to sell. She noted
that she would be able to work additional hours if she had the permit. Mr. Cochran clarified that she had been
denied a permit due to her felonious past. He restated that the ordinance allowed for appeal and that her parole
officer was in favor of her being issued a permit. Ms. LaFountain shared details about her priors and expressed
her appreciation to the employer for being willing to give her a job in this economy, especially given her past.
She expressed that she was uncertain about her ability to retain employment without the ability to sell alcohol.
Mr. Cochran inquired how she was dealing with her problems that led to her arrest. She shared that she was a'""
rehabilitating drug addict, attended meetings regularly and was trying to turn her life around. Ms. LaFountain
made known that she resided with her retired mother and contributed to the maintenance of that household.
Ms. LaFountain requested that Council grant her a second chance. Mr. Cochran asked if she would like to
have anyone speak on her behalf or provide additional documentation. Ms. LaFountain responded in the
negative.
Mayor Bacon asked if she understood that if she was caught in a violation that it would jeopardize the license
of the employer. Ms. LaFountain responded in the affirmative. She acknowledged that she was aware that she
could go to jail. The Mayor mentioned the letter from the parole officer supporting Ms. LaFountain's
employment at the location in question.
Councilwoman Anulewicz referenced the meetings being attended by Ms. LaFountain and inquired if that
provided a strong support network. Ms. LaFountain replied in the affirmative.
Councilman Fennel stated his appreciation for people that were willing to work and improve their lives. He
elaborated that having a permit was a sacred trust and that a violation would result in incarceration and impact
parole. The Councilman inquired if she was familiar with the rules and she stated that she had extensive
background with alcohol sales and licensing requirements.
Mayor Bacon expressed his support for those willing to undergo personal scrutiny as part of an attempt to turn
their lives around and commended her courage.
Councilman Lnenicka asked her to discuss the frequency with which she attended meetings. Ms. LaFountain
said that she went twice a week, passed all her drug tests and would continue to participate if granted a waiver.
Councilman Lnenicka commended her willingness to discuss her past and stated that her case had been
August 20th,2012
7
evaluated with all testimony considered. The Councilman talked about the city leader's role to responsibly and
fairly uphold the law and protect the rights of all citizens. He reminded Ms. LaFountain that the granting of
her request involved her commitment to make the right choices and she agreed. There was discussion about
the details of the drug testing in the program.
MOTION: Councilman Fennel moved to approve Appeal of Alcohol Server Permit Denied by License and
Variance Board - Marla LaFountain. Motion was seconded and approved 7-0.
11. CITIZEY INPUT:
Mary Kirkendoll of 1078 Oakview Dr. stated her disapproval of the actions to acquire the properties along
Concord Road. She questioned the availability of renderings of the Concord Rd. project and outlined budget
highlights. Ms. Kirkendoll expressed her opinion that the money spent to purchase property on that corridor
could have been better utilized. She opined that the planned expansion would do nothing to benefit the
communities adjacent to that roadway. Ms. Kirkendoll remarked that, despite the road improvements on
Spring Rd., the neighborhoods along that portion were impoverished and contributed to dangerous situations.
Ms. Kirkendoll requested that the City host informational meetings and stated that the citizens of Smyrna were
financially challenged despite the city's budget surplus.
Councilwoman Pritchett noted that the neighborhoods in Ward 1 did not qualify for economic zone
development grants because they were not considered impoverished. She formally refuted Ms. Kirkendoll's
comments and noted that many homeowners were young professionals renovating the older homes in the area.
The meeting adjourned at 8:50 p.m.
\ „WWI(1_ L.. dad:Zi--
A. MAX BACON, MAYOR SU AN D. HIOTT, CITY CLERK
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MELLENY PR HETT, WARD 1 ANDREA BLUSTEIN, WARD 2
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TERI ANULEWI , ARD 3 CHARLES A.WELCH, WARD 4
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SUSAN WILKINSON, ARD 5 WADES NENI KA, WARS 6
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Re FENNEL, WARD 7
Resolution No. 2012 - 07
A Resolution of the Mayor and Council of the City of Smyrna, Georgia, Consenting to the
Submittal of the 2030 Comprehensive Plan 5-Year Update to the Atlanta Regional Commission
and the Georgia Department of Community Affairs
WHEREAS,the Georgia Planning Act of 1989 authorizes local governments throughout the State to
prepare Comprehensive Plans to be used in guiding their future growth and development; and
WHEREAS, the Mayor and Council of the City of Smyrna, Georgia approved a Comprehensive
Plan in accordance with the State of Georgia Minimum Standards and Procedures for Local
Comprehensive Planning on August 20, 2007; and
WHEREAS, the Minimum Standards and Procedures for Local Comprehensive Planning require
maintenance of comprehensive plans by each local community, and
WHEREAS, the Mayor and Council of the City of Smyrna, Georgia have prepared the draft 2030
Comprehensive Plan 5-year Update in accordance with the State of Georgia Minimum Standards and
Procedures for Local Comprehensive Planning; and
win WHEREAS, the Mayor and Council of the City of Smyrna, Georgia desire that the draft 2030
Cdf4ili4611.611SiVe Plan 5-year Update be reviewed in accordance with the procedures outlined in the
Minimum Standard '`and Procedures for Local Comprehensive Planning.
�� Q� �tld Council of the City of Smyrna,
NO'W
'���1tE��K�� ll� IT RIfOLP ���� tllc �
Georgia hereby certify that the minimum requirements for the maintenance of Compreh ensive Plans
as identified in the Minimum Standards and Procedures for Local Comprehensive Planning, have
been met or exceeded in preparing this draft update to the 2030 Comprehensive Plan 5-year Update;
and of Smy
, Georgia
BE IT FURTHER RESOLVED, that the Mayor and Council of ehe subm tt d for the Atlanta
hereby authorize the draft 2030 Comprehensive Plan 5-year Updat
Regional Commission and Georgia Department of Community Affairs for official review.
This the 20th day of August 2012.
yr •
A. Max Bacon, Mayor
MOM Attes
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Susan Hiott, City Clerk
APPENDIX "1"
TO EXHIBIT "A"
RESOLUTION NO. 2012-08
A R E SOLUTION AND ORDER O F THE CITY COUNCIL OF THE CITY OF
SMYRNA, GEORGIA AUTHORIZING CONDEMNATION OF TRACTS OF LAND
CONSISTING OF PORTIONS OF PROPERTY KNOWN AS 1166 CONCORD ROAD, 852
CONCORD ROAD, 1338 CONCORD ROAD, 888 CONCORD ROAD, 1270 CONCORD ROAD,
3295 SOUTH COBB DRIVE, AND 1295 CONCORD ROAD SMYRNA, COBB COUNTY,
GEORGIA BY DECLARATION OF TAKING METHOD PURSUANT TO THE
PROVISIONS OF O.C.G.A. § 32-3-4 et seq.
WHEREAS, Section 4 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated and following sections
authorize the City to file a condemnation proceeding in Cobb County Superior Court under a method known as
declaration of taking to acquire private property interests for public road or transportation purposes upon payment of
just and adequate compensation therefore to the person or persons entitled to such payment upon the Council's
finding that circumstances are appropriate for the use of said method; and
WHEREAS,the City Council of the City of Smyrna, Georgia ("Council") finds and believes that circumstances
are appropriate for the use of the declaration of taking method to acquire property for public road or transportation
purposes. Said tracts are owned as follows: 1166 Concord Rd, Concord Property Management, Inc.; 852 Concord Rd,
K K & T, Inc.; 1338 Concord Road, Meadow and Sons, LLC.; 888 Concord Road, Henry S. O'Neal; 1270 Concord
Road, James D. Parks & Joyce H. Parks; 3295 South Cobb Drive, George S. Sarris & Anne B. Sarris; and 1295
Concord Road, Glen E. Stinson and are acquired for one or more of the reasons set forth in O.C.G.A. § 32-3-4,
including a desire in the interest of justice to have judicial ascertainment of any and all questions connected with
the condemnation.
NOW, THEREFORE,BE IT RESOLVED AND ORDERED, by the Council that circumstances are such that it
is necessary to proceed with condemnation proceedings by the Declaration of Taking method on those tracts of land
known as ? portions of 1166 Concord Road, 852 Concord Road, 1338 Concord Road, 888 Concord Road. 1270
Concord Road, 3295 South Cobb Drive and 1295 Concord Road Smyrna, Ga. The Descriptions of such property to
be acquired are on Appendix 2 to the Declaration of Taking and are attached hereto.
BE IT FURTHER RESOLVED AND ORDERED, that legal counsel for the City of Smyrna, Georgia is
authorized and directed to file such proceedings and the Mayor is authorized to execute this Resolution and Order on
behalf of the full Council, a declaration of taking, and any other documents necessary to effectuate same.
SO RESOLVED thi day of August, 2012
The City of Smyrna
By: /--- �
Max Bacon, Mayor
ATTEST BY: Or
Susan Hio , City Clerk
APPENDIX '2" TO EXHIBIT "A"
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APPENDIX "2" TO EXHIBIT "A"
0
CONCORD ROAD
EXISTING R/w
PROPOSED SlDEWALI<
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DISTURB p,
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BRIGHTENING I
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- PROPERTY LINES
GRAPHIC SCALE
PARCEL 100 & 101
Crteir Sketch of Right of Way & Easements
Er.ginecrs Required by The City of Smyrna
Planners 4 y Y
TEMPORARY EASEMENT FOR ENGINEERING Surveyors through the Property of;
CONSTRUCTION OF SLOPES = 2,117 SQ. FT. MEADOWS & SONS LLC
200 HORTI4 C088 rAAICY(AT, 81.84, 400, SUfTE 4U )
TEMPORARY EASMENT FOR 4AR+ErrA w 30062 Located in the
CONSTRUCTION OF DRIVES = 750 SQ. FT PHONE (770) 971-Sr07 FU: (770) 071-0820
17th Land District, Land Lot 558
INITIAL ISSUE 08/23/11 City of Smyrna
TEMPORARY EASEMENT FOR REVISION DATES y y
CONSTRUCTION OF SLOPES 03/07/12 ADDED SIGN NOTE - PARCEL 100 & 101
t''' ,,, TEMPORARY EASEMENT FOR 1338 Concord Road
CONSTRUCTION OF DRIVES & 3006 Atlanta Road
Cobb County, Georgia
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NOTE:
INFORMATION SHOWN WAS TAKEN
FROM "RIGHT OF WAY OF
PROPOSED CONCORD ROAD
IMPROVEMENTS" PLANS
PREPARED BY ARCADIS WITH A/
REVISION DATE OF 03/09/12
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REQUIRED R/W
PROPERTY LINES GRAPHIC SCALE
REQUIRED RIGHT-OF-WAY = 2,770 SQ. FT. CROY Engineers
Planners Sketch of Right of Way & Easements
Required by The City of Smyrna
TEMPORARY EASEMENT FOR ENGINEERING Surveyors through the Property of:
CONSTRUCTION OF SLOPES = 5,440 SQ. FT. JAMES D. PARKS JR &
200 NORTH COBB PARKWAY, BLDG. 400, SUITE 413 7
TEMPORARY EASEMENT FOR PHONE MARIETTA, GA 30062 JOYCE H. PARKS
: (770)971-5107 FAX: (770) 971-0620
CONSTRUCTION OF DRIVES = 0 SQ. FT. Located in the
INITIAL ISSUE 05/24/11
.'.'.77.::.':. REQUIRED RIGHT—OF—WAY REVISION DATES 17th Land District, Land Lot 523,
06/03/11 MODIFIED N/F 2nd Section, City of Smyrna
""""I CONSTRUCTION EASEMENT FOR
S 10/18 11 MODIFIED CONST. EASEMENT Parcel 82
CONSTRUCTION OF SLOPES 1
02/0112 MODIFIED CONST. EASEMENT 1270 Concord Road
07. .I WICe TEMPORARY EASEMENT FOR 04/16/12 METES & BOUNDS ADDED
����� CONSTRUCTION OF DRIVES Cobb County, Georgia
APPENDIX "2" TO EXHIBIT "A"
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h 3 GRID NORTH
R.
„. ORDINANCE NO. 2012-05
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CITY OF SMYRNA CODE OF ORDINANCES, CHAPTER 22
BUSINESSES BE AMENDED, ADDING ARTICLE VIII FILM INDUSTRY AND AMENDING
CHAPTER 22 AS DESCRIBED:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Article VIII be added to Chapter 22 of the City of Smyrna Code of Ordinances and Titled
Film Industry
That Article VIII includes a category DIVISION 1. GENERALLY
That Division 1. Generally be amended to include:
FILM INDUSTRY
DIVISION 1. GENERALLY
Sec. 22-315. Purpose.
"”" The motion picture, television and internet industries can be environmentally clean industries, desirable
for the city so long as there is adequate regulation to protect the health, safety and well-being of the local
community, atmosphere and environment.
Sec. 22-316. Definitions.
(a)For t he purposes oft his ordinance, the following w ords and terms shall be interpreted to
have similar meanings:
(1) Words used in the singular number include the plural and words used in the plural number include
the singular.
(2) Words used in the present tense include the future tense.
(3) The word "shall" is always mandatory and never discretionary or directory.
(4) The word "structure" includes the word "building."
(5) The word "constructed" includes the words "erected," "built," "altered," "rebuilt," and "repaired."
(6) The word "may" is always discretionary and never mandatory.
(7) The word "person" shall include the words "individual," "firm," "partnership," "corporation,"
"association," "organization," "trust," "company," or any other legal entity.
(b) The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Applicant includes an individual, firm, partnership, corporation, company or any association of joint
stock.
City Administrator means the city administrator of the city or his/her designee duly authorized to enforce
the filming ordinance.
2012-05
City equipment means and includes any tangible property, other than real property, owned or controlled
by the city.
City facilities means and includes any public street, sidewalk, park, recreational facility, cemetery,
building, lake or other water body or real property owned or controlled by or under the jurisdiction of the
city.
Film production means and includes any and all motion picture production, television production,
videography and web based production.
Motion picture production means and includes all activity attendant to staging or shooting
commercial motion pictures or programs and commercially prepared videotape.
Permittee means any applicant to whom a film production permit is issued by the city.
Production crew means and includes any and all on-location persons who are in any way involved in
the production, staging or shooting of commercial motion pictures, videotaping or television shows or
programs.
Production vehicles means and includes any and all on-location vehicles which are in any way involved in
the production, staging or shooting of commercial motion pictures, videotaping or television shows or
programs and includes but is not limited to automobiles, trucks, trailers, vessels, motorcycles,
helicopters and airplanes. "'IN"
Television production means and includes all activity attendant to staging or shooting commercial
television pictures, shows or programs and commercially prepared broadcasts.
Temporary structures means and includes any and all structures assembled on or near a location
attendant to motion picture production or television production.
Videography means and includes all activity attendant to staging and shooting commercially prepared
videotape.
Web based production means and includes all activity attendant to staging or shooting commercial
internet or web based motion pictures, shows or programs and commercially prepared broadcasts.
Sec. 22-317. Exemptions.
(a) Broadcast studios. The provisions of this article shall not apply to any commercial motion picture,
television or videotaping studio or photography studio operating at its established or fixed place of
business in the city.
(b) Current news. The provisions of this article shall not apply to or affect reporters, photographers,
soundpersons, crew, vehicles or cameramen in the employ of a newspaper, news service, television
station or similar entity engaged in on-the-spot broadcasting or recording of news events concerning
those persons, scenes or occurrences in the news and of general public interest. MOW
(c) Personal family use. The provisions of this article shall not apply to noncommercial filming or
videotaping of motion pictures which are solely for personal-family use.
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2012-05
(d) Training, educational and public service use. The provisions of this article shall not apply to any
industrial, corporate, charitable, public service,public service announcements or not-for-profit film
production intended for in-house training or educational purposes.
(e) Political use. The provisions of this article shall not apply to any film production intended for
political purposes.
(f) City direction. The provisions of this article shall not apply to any film productions which are
conducted by the city's public, education and government access organizations, or by or at the direction
of the city;
(g) Non-commercial private events. The provisions of this article shall not apply to any private events
filmed or photographed for non-commercial purposes, such as private parties or weddings.
(h)Low impact film production. The provisions of this article shall not apply to any film production
which involves an on-location production crew of ten (10) or fewer persons and three (3) or fewer on-
location production vehicles and is conducted entirely on private property and has no impact on public
right-of-ways and is in compliance with all local ordinances including, but not limited to noise and light.
(Examples 3f impacts on the public right-of-way include, but not limited to on-street parking; street
closures; interruption of vehicular or pedestrian traffic flow; placement production equipment on public
property.)
''"'" Sec. 22-318. Administrative Regulations.
The city administrator or their designee is hereby authorized to promulgate and enforce administrative
regulations in the implementation and enforcement of this chapter.
That Article VIII includes a category DIVISION II. CERTIFICATE
That Division II. Certificate be amended to include:
DIVISION II. CERTIFICATE
Sec. 22-319. Permit Required.
No person shall engage in, conduct or carry on the business of film production, motion picture
production, television production or web based production on private or public property within the limits
of the city without first applying for or receiving a film production permit from the city.
This is in addition to any permit that maybe required by the International Fire Code or any other
applicable code.
Sec. 22-320. City Administrator's duties.
The city administrator is authorized to act as the agent for the city in the receipt, processing and
approval of applications for film production permits.
P,•.» Sec. 22-321. Application.
(a) Any person seeking the issuance of a film production permit shall complete the written
application form provided by the city and shall provide all information therein, and file that written
application with the city not less than five (5) working days and not more than 180 days before t he
commencement of film production. The application must be signed by an authorized representative of
3
2012-05
the applicant. .•.g
(b) The application for a film production permit shall constitute an agreement by the applicant to pay
for city personnel expenses and extraordinary services provided by the city, i ncluding all r epairs,
renovations and landscaping and turf restoration or replacement which is necessitated by virtue of
the production, unless another agreement to fix all damages to public property caused by the production
is agreed upon by the applicant and the city.
(c) The application for a film production permit shall constitute a covenant between the applicant and the
city, specifying that the applicant will halt or interrupt filming upon instruction from a n officer o f the
Smyrna Police or Fire Department, upon violation of any state or local police or fire codes. The city
covenants not to instruct that film production be halted or interrupted unless in its discretion it perceives
that the filming shall cause or coincide with interference with traffic movement, disturbance of the
peace, destruction of property, violation of the law or a threat to the public peace, health, safety or
welfare.
(d) The application for a film production permit shall indemnify and hold harmless the City of Smyrna
from all damages, suits, actions or liabilities, including all attorneys' fees, resulting from acts of the
filming company or its agents during the filming activity or occurring as a result of the use of filming
locations by the filming company.
Sec. 22-322. Insurance.
(a) Proof of general liability insurance coverage in the amount of at least $1,000,000.00 per •
incident or occurrence. The city administrator may require a larger amount of insurance and/or that the
city be named as an additional insured if it is determined that the nature of the proposed film activity
necessitates such action.
(b) Proof of worker's compensation insurance coverage for each and every employee in any way
involved with the film production, as required under the laws of the State of Georgia.
(c) A comprehensive list of on-location non computerized special effects to be utilized, the proposed
date and site for performance of each special effect or use of explosive devices, accompanied by proof
of $5,000,000.00 per incident or occurrence of liability insurance therefore, naming the city as
additional insured. In addition, the film production permit application shall list the person in charge (pilot
or technician) of special effects, together with his qualifications and licensure by the applicable federal
and state agencies.
Sec. 22-323. Approval criteria.
The city administrator shall approve issuance of a film production permit upon application, unless one of
the following circumstances exist which may result in the denial of a film permit:
(1)The applicant has made a material misrepresentation in the application.
(2)Traffic impacts will occur, but no acceptable mitigation plan is provided. Examples of traffic impacts
include, but are not limited to street closures, on-street parking and interruption of vehicular or
pedestrian traffic flow.
(3) The film production fails to comply with any of the criteria designated under this article for
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2012-05
issuance of the film production permit or rules and regulations governing the production.
(4) If the application is for renewal of a f iim production pe rmit, the applicant has violated conditions of
the previous permit or ordinances or regulations of the city in the conduct of the film production.
Sec. 22-324. Limitations.
(a) There shall be no more than four film production permits granted with reference to any single
residentially zoned property during a given calendar year.
(b) No film production permit shall be issued with reference to a particular location if either the city
administrator or the city council determines that film production at that location would, in any way,
adversely affect the public health, safety or general welfare of the citizenry, community and
environmert of the city.
Sec. 22-325. Notification of affected businesses and residents.
(a) Following the submission of a film permit application, but no less than three (3) business days prior
to commencement of the filming activity, the filming company shall notify in writing all businesses and
residents affected by the proposed activity. The filming company shall provide a signed copy of such
notification to the city administrator as required in the film permit application. Where the planned
activity may have a significant and/or prolonged impact on the normal activities of the area (for example,
activities impacting parking or traffic in the core commercial district), the city administrator shall
have the discretion to require earlier notification.
(b) The area to be covered by the notification prescribed in (a) above shall be a minimum of a
300 foot radius of the planned activity. Based upon the nature of the planned activity, the city
administrator shall have the discretion to specify a wider area of notification as a condition of issuance of
the permit.
(c) Notification should include all available information concerning the location and duration of the
filming, prep and wrap activities, the times of day required for each location, proposed parking
restrictions and restrictions on public streets, proposed location for all support facilities, as well as
specifics regarding the use of lights, noise and any special effects or extraordinary equipment. The
notification shall also the film company's production office telephone number and the location
manager's telephone/cell phone/pager numbers. The notification shall also inform that any concerns,
objections or complaints pertaining to the planned activity may be registered with the office of the city
administrator.
(d) After commencement of the filming activity, the film company shall provide written notification to
the affected businesses and residents of any subsequent changes to the information provided in the
original notification and of any additional variances or permits granted by the city to the filming
company.
Sec. 22-32(. Special effects, explosives and similar devices.
(a) No film production which involves the use of explosives, pyrotechnics, fire or other special effects
which involve flames or incendiary devices may be undertaken unless all required permits have been
obtained.
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2012-05
(b) Use of public water by way of hydrant hookup shall require coordination with the City of
Smyrna Water Department or Cobb County Water Department as applicable. Payment for any such
water consumed shall be the responsibility of the applicant and be coordinated with the respective
Department.
Sec. 22-327. Fees; deposit for city personnel and extraordinary service fee.
(a) Upon issuance of a film production permit, the permittee shall pay to the city the applicable film
production permit fees as established by the city.
(b) The issuance of a film production permit shall not operate to waive the payment of any prescribed
fees for the use of city facilities or services.
Sec. 22-328. Denial; term; revocation or suspension.
(a) Denial of permit. Where the film production permit is denied, the applicant shall be notified in
writing by mail within five (5) days of the denial and the reasons therefore.
(b) Term. Film production permits issued pursuant to this article shall be effective for the stated
purpose from the date of issuance through the date specified in the permit.
(c) Revocation or suspension. A film production permit may be revoked or suspended for any of the
following reasons:
(1) A material false statement contained in the application;
(2) Failure to comply with federal, state or municipal laws and regulations;
(3) Failure to comply with any conditions imposed by the city on the issuance of the film production
permit;
(4) Failure to operate the film production in accordance with such ordinances, laws, orders, rules and
regulations as may be applicable; or
(5) Conduct'rig the film production business or activity in a fraudulent or disorderly manner or in a
manner which endangers the public health, safety, welfare or in any manner which disrupts the
public peace.
Sec. 22-329. Notice of hearing and grounds for suspension or revocation.
Prior to suspension or revocation of a film production permit, the permittee shall be notified in writing of
the grounds for suspension or revocation of the permit, and a hearing shall be held before the license and
variance board thereon in accordance with Section 2-144 of the Smyrna Code of Ordinances. Notice of
the hearing shall be given to the permittee at least three (3) days prior to the hearing.
Sec. 22-330. Emergency temporary suspension.
If the conduct or activity of the permittee creates an imminent peril to the environment or the public
OMNI
health, safety or welfare, the film production permit may be summarily suspended upon notice to the
permittee. The permittee shall be entitled to a hearing before the license and variance board within three
(3) working days thereafter.
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2012-05
tow-
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 August,2012
r �
Attest: A. Max Bacon, ayor
Xe./e94Z___,*
Sus. D. Hiott, City Clerk
City of Smv'ina
amma
Approved as to form:
j _414
Scott A. Coc an, City A orney
7