09-04-2012 September 4, 2012 Mayor and Council Meeting
September 4, 2012
Mayor Max Bacon was not in attendance. All Council members were present. Also present were City
Administrator Eric Taylor, City Attorney Scott Cochran, City Clerk Susan Hiott, Executive Assistant to the
Mayor and Council Christy Ullman, Community Redevelopment Coordinator Andrea Hall, Business License
Officer Jim Cox, Fire Chief Jason Lanyon, 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 Pro Tern Melleny Pritchett at 7:29 o'clock p.m.
Mayor pro tern Pritchett acknowledged Elder Lee Royer of IGO Church, who conducted the invocation and
led all present in the pledge to the flag.
2. AGENDA CHANGES:
The Mayor pro tern stated there were several changes to the agenda, including an addition to formal business
and the tabling of an item on the consent agenda.
3. MAYOR'S REPORT:
There was none.
4. LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing- Name Change for Subdivision - The Park at Oakley Downs HOA is requesting to change
the name of the homeowners association and subdivision to The Park at Poplar Creek - Land Lots 808
and 809 - The Park at Oakley Downs - The Park at Oakley Downs HOA (AB)
The Mayor pro tern called on Mr. Taylor, who provided the background and stated that staff had reviewed the
item and recommended approval.
The public hearing was announced and there were no comments.
MOTION: Councilwoman Andrea Blustein moved to approve the name change of subdivision from The Park
at Oakley Downs to The Park at Poplar Creek. Motion was seconded by Councilman Fennel and approved 6-
0.
5. PRIVILEGE LICENSES:
(A) Public Hearing-new ownership and new agent-retail pouring of beer, wine, and liquor-Scoreboard Sports
Lounge dba Scoreboard Bar& Grill-Mario Charles Johnson-2997 Cumberland Blvd (MP)
Mr. Taylor provided the background on the request and announced that the applicant had been provided with a
copy of the alcohol ordinance and had attended the mandatory workshop training. Mr. Taylor made known
that a background investigation conducted by the Smyrna police department had not revealed anything that
precluded the issuance of the license and stated that staff recommended approval.
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September 4th,2012
Mayor pro tem Pritchett called on Jim Cox, who shared that all requirements for the application had been
successfully completed and introduced the applicant. Mr. Johnson noted that his background included 15 years-.
in the restaurant industry and that he currently oversaw restaurants downtown. He detailed training he had
received during his time with those establishments.
Councilwoman Anulewicz confirmed that Mr. Johnson understood the City's alcohol ordinances and was
aware that Smyrna's police department conducted undercover operation. Councilman Fennel inquired if Mr.
Johnson was familiar with Team Georgia. There was discussion about the program and Mr. Johnson expressed
a willingness to support the initiative of that organization. Councilman Fennel provided website information at
teamgeorgia.net. Councilman Lnenicka asked about the opening date and hours of operation for the facility
and Mr. Johnson provided details.
Mayor pro tem Pritchett called for public comment. There was none.
MOTION: Councilwoman Anulewicz moved for approval of the new ownership and new agent-retail pouring
of beer, wine, and liquor-Scoreboard Sports Lounge dba Scoreboard Bar & Grill-Mario Charles Johnson-2997
Cumberland Blvd. Motion was seconded by Councilman Welch and approved 6-0.
(B) Public Hearing-new owner and agent-retail pouring sales of beer and wine-Zone Holding LLC dba Wing
Zone-Dion Dobbins-4490 South Cobb Dr (WL)
Mr. Taylor provided the background on the request and announced that the applicant had been provided with a
copy of the alcohol ordinance and had attended the mandatory workshop training. Mr. Taylor made known
that a background investigation conducted by the Smyrna police department had not revealed anything that
precluded the issuance of the license and stated that staff recommended approval.
Jim Cox explained that the applicants were requesting a beer and wine pouring license and that all
requirements had been meet. Councilman Lnenicka requested additional information on the business and was
told that it was a wing shop that would serve as a training store. The Councilman confirmed hours of
operation, that the training course had been completed and that Mr. Dobbins was familiar with the City's
ordinances. Councilman Lnenicka informed Mr. Dobbins of the compliance checks routinely conducted
throughout the City. There was discussion about the need for special oversight in a location that would be a
training site for an international company. Mr. Dobbins expressed his commitment to strict adherence to the
licensing requirements.
Mayor pro tem Pritchett called for comment. There was none.
MOTION: Councilman Lnenicka moved to approve retail pouring sales of beer and wine-Zone Holding LLC
dba Wing Zone-Dion Dobbins. Motion was seconded by Councilman Fennel and approved 6-0.
6. FORMAL BUSINESS:
MOTION: Mayor pro tem Pritchett requested a motion to suspend the rules to add an item to the agenda.
Councilwoman Anulewicz made a motion to suspend the rules to add an item. Councilman Lnenicka stated
that the item being added would be an appointment to the Smyrna Tree Board for Ward 2. Motion was
seconded by Councilman Fennel. The motion was approved 6-0.
MOTION: Councilwoman Blustein moved to add item 6(B) appointment of Kim Brinson to the Tree Board
for Ward 2, term to expire in 2016. Motion was seconded by Councilman Lnenicka and approved 6-0.
September 4th, 2012
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(A)Appointment to Tree Board for Ward 3 (TA)
MOTION: Councilwoman Anulewicz moved to appoint Robyn Philips to serve as Ward 3 representative to
the tree board with a term to expire August 31st, 2016. Motion was seconded by Councilwoman Blustein and
approved 6-0.
(B)Appointment to Tree Board for Ward 2 (AB)
MOTION: Councilwoman Andrea Blustein moved to appoint Kim Brinson to the Tree Board for Ward 2,
term to expire in 2016. Motion was seconded by Councilman Lnenicka and approved 6-0.
7. COMMERCIAL BUILDING PERMITS:
The Mayor pro tern stated that there were none.
8. CONSENT AGENDA:
Mayor pro tern Pritchett requested a motion to table 8(G) of the consent agenda to September 17, 2012.
MOTION: Ron Fennel moved to table Item 8G, awarding of RFQ13-007 City Arborist to B + C Studio, sole
bidder, for arborist and landscape plan review services and authorize the Mayor to sign documents related to
this service. Motion was seconded by Councilman Lnenicka and approved 6-0.
Mr. Taylor read aloud the consent agenda.
(A) Approva; of Aug 20, 2012 Mayor and Council Meeting Minutes
(B) Award of RFP 13-001 Benefits Consulting & Brokerage Services to Strategic Benefit Solutions and
authorize Mayor to execute related documents
(C) Award RFP 13 - 005 Sanitary Sewer Main Rehabilitation to the lowest bidder, Southeast Pipe Survey for
$135,356.00 and authorize the Mayor to execute any related documents
(D) Approval of FY2012 Budget Amendment for General Fund
(E) Approval for Market Village merchants Atkins Park Tavern and Vintage Tavern/Zucca to host Market
Village Octoberfest September 29-30, 2012
(F) Award of RFQ 13-006 to Allan Vigil Ford, at $22,460, the lowest bidder, for purchase of 2013 Ford
Explorer for Fire Station 5
MOTION: Councilman Lnenicka moved to approve items 8(A), 8(B), 8(C), 8(E) and 8(F). There was
discussion with the City Attorney to confirm procedure regarding item 8(D).
MOTION: Councilwoman Anulewicz moved to remove item 8(D) from the consent agenda. Motion was
seconded by Councilman Lnenicka and approved 6-0.
MOTION: Councilwoman Anulewicz moved to vote on consent agenda without items 8(D) and 8(G). Motion
was seconded by Councilman Lnenicka and approved 6-0.
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September 4th,2012
Mayor pro tern Pritchett called for a motion to approve FY2012 Budget Amendment for the General Fund.
MOTION: Councilman Fennel moved to table item 8(D), FY2012 Budget Amendment for the General Fund.
Motion was seconded by Councilman Lnenicka and approved 6-0.
Mayor pro tern Pritchett called for a motion on item 8(D) and there was discussion that the agenda item was
just voted on. Conversation between the City Attorney and the Mayor pro tern took place to determine if any
further action was required. It was determined that none was needed.
9. COMMITTEE REPORTS:
Councilwoman Blustein yielded with no report.
Councilwoman Anulewicz discussed that the naming committee for the new school had submitted the final
choices to the school board. She shared the contact information of the school board for those wishing to
comment or learn additional details.
Councilman Welch yielded with no report.
Councilwoman Wilkinson announced that Epidemic Theater would be performing at the library and that it was
open to the public and appropriate for all ages.
Councilman Lnenicka yielded with no report.
Councilman Fennel congratulated staff member Tammy Jones on her recent marriage. He noted that she was
overseeing the upcoming grand opening of the fire station and invited all to attend. The Councilman thanked
law enforcement officers for their service over the busy holiday weekend and encouraged all to do likewise.
Councilman Fennel noted the Heroes Gala taking place on September 8t" and invited all to attend the gala for
heroes taking place on September 8th
City Attorney Scott Cochran and City Clerk Susan Hiott did not have a report.
Councilwoman Pritchett announced that the Mayor was on vacation and stated that she had no committee
report.
10. SHOW CAUSE HEARINGS:
The Mayor pro tern stated there were none.
11. CITIZEN INPUT:
Howard Martin of 3435 Lee Street shared a concern about the ventilation system at the Wolfe Center. He
submitted that it had malfunctioned several times and contributed to hazardous conditions for the patrons and
workers at that facility. Mayor pro tern Pritchett commented that Council had discussed this matter prior to the"
meeting. She noted that a specialized part was required, that it had been ordered and that she would personally
follow up on the status of this repair.
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September 4th, 2012
Jean Martin of 3435 Lee St. commented on the Concord Rd. improvements. She opined that the median would
barricade the Forest Hills neighborhood and adversely impact the response time of emergency vehicles trying
to reach that area. She mentioned the persistent problem of motorist ignoring the stop signs throughout the
neighborhood and suggested more stringent ticketing. She expressed her sentiment that brick crosswalks were
unnecessary and stated her preference that money be spent on other projects.
Alex Backry praised the citizenry for not passing the SPLOST or regional tax agreement. He submitted that
islands, brick sidewalks and the bridge on Spring St. were unnecessary expenditures. Mr. Backry questioned
the City's bid process and provided an example of a service that he opined had not been properly put out to
bid. He mentioned an event during citizen comment at the previous Council meeting and requested that
dialogue with speakers be conducted according to parliamentary procedure.
Bob Weismann spoke against the median on Concord Rd. He acknowledged the meetings that took place
some years ago and stated that no follow up on final plans had been conducted. He explained that the proposed
design would completely block off Forest hills. Mr. Weismann said this would result in traffic being re-routed
down Collier, a narrow street already blocked off twice daily during school drop off and pick up times. He
elaborated that it was nearly impassable during the food truck Tuesday event. He requested that Council
consider an opening at either Lee or Dunn.
Holly Rogers, residing at 3486 Lee St., stated her support of the handbrake median but made known her desire
for an opening at Lee or Dunn. She shared her concern about the look and feel of that neighborhood being
diminished.
Robin Reece, the owner of Robin Brooks Salon located off of Lee St., expressed her concern about losing
patrons due to their inability to easily access her shop. Without an entrance to her location her business would
suffer and that could precipitate the need for her to find a more desirable facility.
Ashley Trindle stated that she represented a small business in the same building as Ms. Reece and that the
proposed design would negatively impact business and their ability to attract new customers. Ms. Trindle
expressed her concern about the large number of children in the Forest Hills neighborhood that would be
impacted by increased traffic along the narrow roads in their community.
Helen Bickers of 3704 Hickory Cir. remarked on the comments by Council about the desire to have local
businesses succeed. Ms. Bickers noted that this would not be possible without ease of access to those
establishments. She relayed that Concord had a multitude of small businesses that were not clustered around
shared drives. Ms. Bickers highlighted that a median would cut off the free left turning into those businesses.
She provided as an example that CVS would be isolated as a result of this project. Ms. Bickers noted that
cutting off access would result in an increase of traffic on residential streets. She explained that the alternate
egress routes from Forest Hills passed by schools, parks and baseball fields. She stated that diverting traffic
past places where children gathered was dangerous. Ms. Bickers commented that she had tripped on the
brickwork outside city hall on the way to the meeting and inquired about the high maintenance requirements
of the proposed brick sidewalks.
Dale Hudgins praised the accessibility and dedication of Councilman Lnenicka. She made known that she had
lived off of Lee St. for 48 years and had never been involved in an accident while travelling along Concord
Rd. She questioned the assertion that the intersection was dangerous. Ms. Hudgins opined that King Springs
and Collier residents already complained about the high amount of cut through traffic. She elaborated with gas
prices so high residents would have to spend more money as well as time to travel to their own neighborhoods.
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September 4th,2012
Ms. Hudgins remarked that citizens were not given adequate opportunity to voice their opinions and were only
aware of the project details as a result of a letter provided by Mr. Ryan Taylor. She requested that the open up
access to Lee or do away completely with the median.
Travis Shaw of 3070 Dunn St. stated that in the six years he had lived there it was never brought to his
attention that a solid median had been proposed. He asked Councilman Welch to consider hosting a public
meeting to dis.;uss what was in the best interest of the community and residents in that area.
Councilwoman Anulewicz reminded all that the meetings were televised and that they might wish to refrain
from providing personal information such as their address.
Jim Sipes of 1272 W. Spring St. stated that he had moved to Smyrna because of the ambience in the mixed use
community in which he lived. He noted that the noise ordinance was not adequately enforced and asked for
more stringent monitoring. He provided information that not one citation had been issued for noise violation
and suggested a simplification of the code or the establishment of an HOA that could address grievances.
Anna Johnson of 2731 Woodland Terrace shared her concern about management at the assisted care facility
where she resided removing fire extinguishers from individual units. She relayed that when the matter was
raised with management they cited prohibitive costs and explained that the minimum distance requirement
was 75 feet from a doorway. Ms. Johnson announced that she had received a letter that her lease would not be
renewed. She stated that she was a senior citizen on a fixed income, paid her rent on time and could not afford
to move. Mayer pro tem Pritchett asked to meet with her following the meeting and noted that the fire chief
was also present. .,.
Stan Whitmire of 3200 Lee St. expressed his frustration that citizens had not been provided a forum to express
their opinions on the Concord Rd. project. He stated that he was not personally aware of any accidents due to
the existing lanes. Mr. Whitmire stated his concern that local small businesses would suffer. He noted that
customers frustrated by difficult access routes would simply take their business elsewhere. He opined that
Collier already had terrible cut through traffic and asked that Council engage the community.
Roger Henry, resident of 3325 Pine Tree Dr., stated he was shocked when he received the letter from Mr.
Taylor about the Concord median. He shared that he frequented CVS and detailed the highly circuitous route
he would be forced to take if the median was installed.
Ryan Taylor, resident of 3795 Ashwood Drive, shared that he had reviewed the designs and stated his
understanding of the proposed traffic flow. He made known that he had the traffic reports from the police
department and requested a meeting to discuss the findings. Mr. Taylor shared that he had been dismayed not
to encounter anyone in his neighborhood aware of the median project. He stressed the delayed response times
and safety issues inherent in the obstruction of access to the community from Concord Rd.
Mary Kirkendoll applauded the active and involved citizens from Forest Hills. She made known that the
Concord Rd. plans were available at the public works building and opined that they should be on the City's
website. Ms. Kirkendoll remarked that the medians were designed to shuttle traffic through Smyrna and would
close down the neighborhoods and local businesses. She commented that this was a 20 million dollar project
and expressed dismay that more residents were not involved. Ms. Kirkendoll mentioned Sean Murphy and
stated that she was being bullied by him on the patch.
September 4th,2012
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Councilwoman Blustein stated that she had lived with the Spring Rd. median for 20 years and enjoyed the
walking trails. She noted that the minor inconveniences of the project were worth the safety of the motorists
that travelled that artery.
Councilman Welch informed all present that he had received numerous emails in opposition of the median and
spoken with a number of residents. He announced that the plans were available on the website and provided
details. The Councilman noted that the project was originally approved in 2005 and again in 2011. He
recognized that the current turn onto Lee Street was challenging and stated his understanding that 18 accidents
had occurred at that location. He stressed that the project was underway because the people had voted in favor
of the SPLOST. Councilman Welch explained that SPLOST money was required to be spent as designated.
He recalled two public meetings that he had personally attended as the construction affected his daily routine.
The Councilman noted that the biggest consideration was the safety of the citizens and that the turn at Lee St.
constituted a dangerous intersection. He commented on the space limitations and restricted right of way that
affected the plan designs.
Mary Kirkendoll approached the podium while the Councilman was speaking and was informed that she was
out of order. Mayor pro tem Pritchett stated that she could not be heard at that time but was welcome to speak
with Councilman Welch following the meeting. The City Ranger stepped forward and Ms. Kirkendoll left the
chambers.
Councilman Welch concluded that he had reviewed the plans and did not see an acceptable alternative to the
plans as approved two weeks earlier. He stated that he was open to meeting with neighborhood
.'""" representatives to discuss possible solutions but did not currently see any safe or viable options.
Mayor pro tem Pritchett began to call for adjournment and two citizens stated that they had not been called
during the citizen input portion of the meeting.
Judy Wiesmmn of 3358 Pretty Branch Dr. questioned whether the sheer volume of traffic from the expansive
Forest Hills community had been considered. She submitted that forcing hundreds of cars to leave their
community using Collier and King Springs would be a hardship to residents. Ms. Wiesman stated that the
inability to easily access the neighborhood would extend to delivery, mail and public safety services vehicles.
She referred to the frequent obstruction of Collier and the disadvantage of ushering high traffic volumes and
large vehicles down a narrow street with a sharp turn. She requested that consideration be given to moving the
light from King St. to Dunn. Ms. Wiesman opined that the traffic volume was not comparable and would be
better suited to serving the resident of the Forest Hills community.
Barri Ballance of 1372 Collier Dr. shared that she walked in her neighborhood every day. She explained that
conditions were hazardous with the traffic volume that currently existed. Ms. Balance stated that she had
learned of the median only as a result of Mr. Taylor's letter. She expressed frustration that residents were not
actively included by the City in the design decision process. Ms. Balance requested the DOT findings reports
be made available.
Mayor pro tem confirmed that there were no additional speakers.
IVNIN
The meeting adjourned at 8:50 p.m.
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September 4th,2012
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