10-15-2012 October 15, 2012 Mayor and Council Meeting
*-- October 15, 2012
All Council members were present. Also present were City Administrator Eric Taylor, City Attorney Scott
Cochran, City Clerk Susan Hiott, Assistant City Administrator Tammi Jones Saddler, Public Relations
Director Jennifer Bennett, Community Development Director Ken Suddreth, City Planner Rusty Martin, IT
Director Chris Addicks, Finance Director Toni Jo Howard, Public Works Director Scott Stokes, Library
Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Police
Chief Stan Hook, Human Resources Director Kay Bolick, Keep Smyrna Beautiful Director Ann Kirk,
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 7:31 o'clock p.m.
Mayor Bacon acknowledged Dr. Steve Kimmel of Smyrna First Baptist, who conducted the invocation and
led all present in the pledge to the flag.
2. AGENDA CHANGES:
Mayor Bacon stated that item 6(A) would be tabled until November 5th. He announced that item 8(G),
appointing Angie Copado as Clerk of the Civil Service Board, would be added to the Consent Agenda.
MOTION: Councilwoman Anulewicz moved to suspend the rules to add item 8(G) to the consent agenda.
Motion was seconded by Councilman Lnenicka and approved 7-0.
MOTION: Councilmember Lnenicka moved to add item 8(G) to the consent agenda, appointing Angie
Copado as the Clerk to the Civil Service Board with a term effective immediately. Motion was seconded by
Councilman Fennel and approved 7-0.
3. MAYOR'S REPORT:
(A) Proclamation in Recognition of Poppy Day
The Mayor introduced the representatives of the Ladies American Legion Post 160 Auxiliary Post.
Councilman Welch read aloud and presented the proclamation. The representatives announced the locations
where they would be conducting their fundraising events and requested the support of citizens. It was made
known that 100% of proceeds collected benefited veterans. The Mayor thanked them for their efforts and
extended his gratitude to the American Legion for their contributions to the community.
(B)Presentation of Check to Campbell High School Educational Foundation
The Mayor shared that the Annual Jonquil City Jog was conducted in cooperation with Campbell High
School. He noted several of the 2012 event sponsors including Advanced Disposal, Georgia Power, Emory
Adventist Smyrna, Linda Baker and Associates Realtors, Primrose School,Nirvana Day Spa, Covenant
Christian, Marietta Daily Journal, Step It Up Fitness Boot Camp, Kenny's Key Lime Pies, Community
Bank of the South and Chik-Fil-A. The Mayor presented to Principal McGhee and the Campbell High
School Education Foundation a check in the amount of$10,000. It was noted by the Foundation
October 15,2012 2
representative that all funds would be utilized only for educational opportunities. Principal McGhee
thanked all for their support and provided a brief update on recent school events, activities and the *N
increased SAT scores at Campbell High School.
(C) Proclamation in Recognition of Respect for Firefighters
Mayor Bacon introduced Smyrna Optimist Club representative Betty Turley. Councilman Fennel read
aloud and presented the proclamation to Mrs. Turley, who invited all to join in an upcoming recognition
ceremony.
Mayor Bacon introduced Doug Stoner, who reminded all that early voting had begun and provided details.
Senator Stoner mentioned his role in working with the SBA and that he looked forward to continuing his
work with the Mayor and Council.
The Mayor called on Hunter Hill, who expressed his gratitude to the voters in the primary for nominating
him to the Senate race. Mr. Hill stated that he would work with the Mayor and Council to build the local
economy. He noted the importance of the national election and the opportunity for growth in Georgia. Mr.
Hill highlighted his military and business experience that would provide a foundation for leadership in the
Senate and asked all present for their support. Mr. Hill provided his contact information and website at
votehunterhill.com, encouraging early voting participation.
Councilman Fennel noted that both candidates would be attending the upcoming SBA luncheon.
4. LAND ISSUES/ZONINGS/ANNEXATIONS: ....
(A) Public Hearing - Zoning Request Z12-005 - Approval to amend the currently approved building
elevations, zoning plan and road sections for the Belmont Redevelopment Project - 47.49 Acre Tract - Land
Lots 447, 489, 490, 519 and 520 of the 17th District - Southwest Corner of Atlanta Road and Windy Hill
Road - Halpern Enterprises, Inc. (TA)
Mr. Taylor shared the location of the property and its zoning history. He noted that it had been rezoned on
January 20, 2009 form GCR to Mixed use. Mr. Taylor shared that on September 10th, 2012 the Planning
and Zoning Board had recommended and approved 5-0 conditional approval. The item had also come
before the Urban Design Commission on October 3, 2012 where the elevation was approved contingent
upon certain conditions. Mr. Taylor stated that staff recommended approval.
Mayor Bacon announced that this was a public hearing and called for comment. There was none.
Councilwoman Anulewicz called on Mr. Suddreth to present the details of the request. Mr. Suddreth
explained that this was a rearranging of the plan with no changes to zoning or the future development map.
He elaborated that the four major items included the relocation of units from Pod A to Pod F, modification
of the parking structure and building elevations. Mr. Suddreth informed all present that Pod C would be
designated from multifamily residential to fee simple retail office condominiums. He displayed the current
approved plan including revisions of internal streets. Mr. Suddreth stated that staff recommended approval
with stipulations as agreed upon in the later dated January 20, 2009 along with two additional conditions: ""'
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October 15,2012
1. The rezoning is subject to the stipulations agreed upon by the applicant in the letter submitted and dated
January 20, 2009 by Kevin Moore with Moore, Ingram, Johnson and Steele, LLP.
2. The approval of the zoning amendment shall be in substantial conformity to the zoning plan submitted
on August 10, 2012,titled Belmont Zoning Plan and created by Halpern Enterprises, Inc. (Replace
stipulation#2 in the letter noted above.)
3. The approval of the zoning amendment shall be in substantial conformity to the road cross sections
submitted on August 10, 2012, titled Belmont Road Sections and created by Halpern Enterprises, Inc.
(Replace stipulation#A (4) in the letter above.
Mayor Bacon recognized Kevin Moore, speaking on behalf of Halpern enterprises. Mr. Moore stated that
the vision for the development remained the same and that the requested modifications were designed to
enhance the project's economic viability. He noted that the construction of the new school impacted the
layout of the pods. Mr. Moore stated that Pod F was the largest and would accommodate the multi-family
portion. He also explained that the location of Pod F would provide a smooth transition from the existing
adjacent apartment complex. The rearrangement would allow the retail portion to front Atlanta Rd. and that
neither of these relocations required the approval for a new use. Mr. Moore noted that the principles and
developers for the project were available that evening to respond to any questions.
Councilwoman Anulewicz inquired about the type of resident the units would attract. Mr. Bennett Sands of
3715 Northside Pkwy. responded that extensive demographic studies had been conducted and that the
targeted applicant would be between 25 and 35 years old. He outlined the number of bedroom types with
the majority being studios and 1 bedrooms. Councilwoman Anulewicz asked about rental rates and was
informed that the expected opening price would be around $1.15/sq. ft. with higher occupancy rates
approaching 1.35-1.40/sq. ft. Councilwoman Blustein requested an explanation of why studios were
preferred in area that was not densely urban. Mr. Sands replied that most residents are more interested in
common areas than heavily furnished living space and there was discussion about the appeal of low
maintenance living to the younger generations.
Councilman Welch asked for a timetable and was informed that the anticipated start date would be the 1st
quarter of 2013. Councilmember Anulewicz inquired of the potential to convert to owner occupied was a
possibility. Mr. Sands stated it was not anticipated but would be feasible and that units were individually
metered. Councilman Lnenicka confirmed the developers' willingness to adhere to the stipulations
presented. Councilmember Fennel expressed his gratitude for the diligence and perseverance to pursue the
project. Councilwoman Anulewicz stated that during the Urban Design Commission meeting it was made
clear that they would like to resolve additional streetscape issues and Mr. Sands concurred. Councilwoman
Amulewicz expressed her appreciation for the team's commitment to the plan and the productive level of
communication.
MOTION: Councilwoman Anulewicz moved to approve Zoning Request Z12-005 - Approval to amend the
currently approved building elevations, zoning plan and road sections for the Belmont Redevelopment
Project - 47.49 Acre Tract - Land Lots 447, 489, 490, 519 and 520 of the 17th District - Southwest Corner
of Atlanta Road and Windy Hill Road - Halpern Enterprises, Inc. Motion was seconded by Councilman
Pam' Fennel. Councilman Lnenicka confirmed that the stipulations were being included in the vote. Motion was
approved 7-0.
Councilwoman Anulewicz stepped away from the Council platform.
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October 15,2012
5. PRIVILEGE LICENSES: -
The Mayor stated that there were none.
6. FORMAL BUSINESS:
(A) Reappointment to Civil Service Board
MOTION: Councilman Fennel moved to table the item to November 5, 2012. Motion was seconded by
Councilman Welch and approved 6-0.
7. COMMERCIAL BUILDING PERMITS:
The Mayor stated that there were none.
Councilwoman Anulewicz returned to the platform.
8. CONSENT AGENDA:
Mr. Taylor read aloud the consent agenda.
(A) Approval of October 1, 2012 Mayor and Council Minutes
(B) Approval of Annual Renewal with Communit-Y Health Network (CHN) and authorize Mayor to
execute related documents
(C) Approval of Health provider (Blue Cross/Blue Shield) and plans for 2013 and authorize Mayor to
execute related documents
(D) Award RFP 13 013 Belmont Hills Sanitary Sewer Rehabilitation to the lowest bidder meeting
specifications to K. M. Davis Contracting Company for $2,394,843.34 and authorize the Mayor to sign and
execute any related documents
(E) Award RFQ 13 008 Terri Myers Drive Storm Sewer Project to the lowest bidder meeting specifications
D & H Construction Company for $54,165.00 and authorize the Mayor to execute any related documents
(F) Award RFQ 13 009 Laurel Springs Way Storm Sewer Project to the lowest bidder meeting
specifications, K M Davis Contracting Company Inc for $109,485.00 and authorize the Mayor to sign and
execute any related documents
(G) Appointment of Angie Copado as the Clerk to the Civil Service Board with a term effective
immediately.
MOTION: Councilman Welch moved to approve the consent agenda as presented. Motion was seconded """
by Councilwoman Pritchett and approved 7-0
9. COMMITTEE REPORTS:
October 15,2012 5
rum- Councilwoman Pritchett announced the upcoming RaceTrac grand opening and invited all to attend.
Councilwoman Blustein called on Mr. Suddreth, who noted that October's statistics for Community
Development had trended up with a flurry of new home permits. Councilwoman Blustein shared that
interest rates had dropped below 3% for home buyers.
Councilwoman Anulewicz recognized Finance Director Toni Jo Howard, who delivered a report including
property tax collection, the status of the Munis implementation and the kick off of utility billing with onsite
staff. There was no report from Community Relations. The Councilwoman reminded all of the upcoming
Jonquil festival and the Oktoberfest being hosted by Atkins Park restaurant. She announced her 5th Monday
meeting and provided the time and location.
Councilman Welch called on Ms. Kirk, congratulating her on winning the Keep Georgia Beautiful 1st place
award for cities 50,000-75,000. Ms. Kirk informed all present that the October 6th river alive cleanup had
attracted 62 volunteers and cleaned up nearly 800 lbs of trash from Rottenwood Creek. She thanked the
National Park Service for staff on hand and the Metro Atlanta Service for providing a safety vehicle for the
event. Ms. Kirk noted that jonquils were available for sale. She mentioned that IBM volunteers would be
out that Friday working in parks and schools with an anticipated participation of more than 150. Mayor
Bacon recognized IBM for their volunteerism and local support, praising the efforts of coordinator Angie
Barry.
pow
Councilman Welch announced that the Tree Board would have a booth at the Jonquil Festival to help
spread the word about the champion tree program. He encouraged all to stop by and register their heirloom
trees.
Councilwoman Wilkinson called on Steve Ciaccio, who reminded all of upcoming events including
Casper's Family Castle. He shared that instructional classes were available on the website with hard copies
available at the community center. There was discussion about the number of Halloween events and it was
stated that there was no ordinance regarding hours for trick or treating. Michael Seigler announced teen
read week and the associated activities. He elaborated that the books included in the program were
recipients of the Peach award and that there would be a discussion group format conducted. It was made
known that the movie Snow White and the Huntsman would be shown with a Halloween parade to take
place beforehand. Mr. Seigler announced that the current exhibits at the Library included the Atlanta
Basketry Society and that the Friends of the Library would be selling books at the Jonquil Festival. The
Mayor noted that Mr. Seigler would soon be retiring and thanked him for his service.
Councilman Lnenicka called on City Clerk Susan Hiott, who provided details of early voting. Ms. Hiott
informed all present that advanced voting at the Community Center would begin on October 29th. She
encouraged all to visit the Cobb County Board of Elections website at www.cobbelections.org to preview a
sample ballot and shared how to do absentee ballot.
Councilman Lnenicka thanked the residents of the Westchester Commons HOA for inviting him to their
annual meeting. He Congratulated Bill Leanhop of American Legion post 160 on his appointment as
Pi"' Commander of Georgia. He thanked those that showed their support of poppy day and announced the.
upcoming Veterans Day ceremony. Due to November 11th falling on a Sunday the ceremony would be
hosted in Brinkley Park at 2:00. Councilman Lnenicka shared information on the key note speaker and the
participation of the Campbell Middle School choir.
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October 15,2012
Councilman Fennel called on Chief Hook who provided August statistics. Chief Lanyon mentioned
daylight savings time and reminded all to adjust their clocks and change smoke detector batteries at the
same time. Chief Lanyon shared that Fire Station#5 was up and running. He reported on the progress of the
fire medic program that placed SUV responders in fire stations. He stated that four vehicles were currently
operating and analysis showed that over 75% of calls this year were serviceable by those units. Chief
Lanyon shared that this would save tax payer dollars by reducing maintenance and fuel costs.
Councilwoman Pritchett requested a report on the fire at Falling Water and was provided details.
Councilman Fennel announced a Ward 7 town hall meeting to be conducted at Fire Station #5 on October
22nd.
There were no further reports
10. SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
11. CITIZEN INPUT:
Howard Martin of 3435 Lee Street inquired about licensing, permitting and fee requirements for the Food
Truck event. He requested clarification on whether or not the trucks were subject to health inspections. He
noted that citizens had to pay to use facilities and that the food trucks should be required to do so as well.
Alex Backry of 3459 Shawnee Trail commented on the Cobb Life magazine article about Smyrna's
continued surge, noting the large number of vacant properties. Mr. Backry highlighted that downtown
Smyrna had numerous bars but no retail or entertainment shops. He stated that other cities had more diverse
and better populated centers and made known his disagreement with claims in the article.
Byron Powell of 75 Harris Oaks introduced himself as the author of "Stranger in the White House" and
invited all to attend his book signing at Adventure Outdoors.
Jim Sikes of 1272 West Spring in the Market Village, who had previously spoken before Council about the
noise levels in his community, restated his complaint. He made known that noise ordinances were not being
followed. Mr. Sikes shared that the bars were open until 4:00 am and there were business garage doors left
open that contributed to the noise level. He noted that outdoor seating was left accessible at all times. He
opined that this practice attracted crowds that disturbed the peace and generated refuse that residents were
left to clean up.
Without any further business, Mayor Bacon declared the meeting adjourned at 8:30 p.m.
October 15,2012 7
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