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11-05-2012 November 5, 2012 Mayor and Council Meeting 04•.. November 5, 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, Executive Assistant to the Mayor and Council Christy Ullman, Community Development Director Ken Suddreth, IT specialist Dan Campbell and representatives of the press. The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m. Mayor Bacon acknowledged Father Paul Rainview of Saint Thomas The Apostle Catholic Church, who conducted the invocation and led all present in the pledge to the flag. 2. AGENDA CHANGES Mayor Bacon stated that item 6(B) would be tabled until December 3, 2012. 3. MAYOR'S REPORT: The Mayor reminded all of the upcoming election and acknowledged former City Councilmember Mike McNabb. Mr. McNabb commented on the passing of Judge Ken Nix, a lifelong member of the Smyrna mo ,, community and beloved citizen. He remarked on his career achievements, contributions to society and strength of character. Mr. McNabb asked all to remember him for a life represented by laughter, love for his fellow man, family and community. He stated his support of the movement to rename the fields at Tolleson Park in honor of Judge Nix. 4. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Approval of Ordinance 2012-14, Amending Section 703 of the Zoning Ordinance related to roadway access for day nurseries - City of Smyrna (AB) Mr. Taylor stated that Mayor and Council had asked staff to draft a text amendment related to this item. He noted the concern about encroachment of non residential use and shared that the item had been heard by the Planning & Zoning Board on July 9, 2012 where it passed 7-0. Mr. Taylor made known that the item had been tabled indefinitely by Mayor and Council on July 16, 2012. Since that time, staff had revisited the matter and recommended moving forward with a proposed amendment. The Mayor stated that this was a public hearing and called for comment. He asked those wishing to speak to come forward and be sworn in. Councilwoman Blustein called on Mr. Suddreth, who explained the proposed amendment and recommended that this part of the discussion move forward. He elaborated that it related to driveways and required only one sentence being amended. Don Berry of 835 Flagler Circle stated his support and provided historical background. Mr. Berry commented that daycares did not belong in residentially zoned areas. He questioned the processes surrounding the original vote to add it to the ordinance and requested that it be removed. 2 November 5,2012 MOTION: Councilwoman Blustein moved to approve Ordinance 2012-14, Amending Section 703 of the Zoning Ordinance related to roadway access for day nurseries. Motion was seconded by Councilwoman Pritchett and passed 7-0 The Mayor called for any candidates in the audience to speak. There were none. 5. PRIVILEGE LICENSES: The Mayor stated that there were none. 6. FORMAL BUSINESS: (A) Approval of Ordinance 2012-21 suspending all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances to May 6, 2013 (RF) Mr. Taylor stated that this item had come before Council numerous times and had been tabled on 8/12/2012. He noted that Cobb County had been looking into this issue to evaluate the direction it would take. Mr. Taylor shared that the City was looking to align with the County and was therefore tabling until the anticipated decision in the Spring. MOTION: Councilman Fennel moved to approve the suspension of all sections mandating use of electronic records of Article III, Chapter 22, Pawnbrokers, City of Smyrna Code of Ordinances to May 6, 2013. Motion was seconded by Councilwoman Welch and approved 7-0. ..,» (B) Approval of Ordinance 2012-22 repealing the entire Section 46-1, Noise Regulation of Chapter 46, Environment, City of Smyrna Code of Ordinances (RF) MOTION: Councilman Fennel moved to table until December 3, 2012 the approval of Ordinance 2012-22 repealing the entire Section 46-1, Noise Regulation of Chapter 46, Environment, City of Smyrna Code of Ordinances. Motion was seconded by Councilman Lnenicka and approved 7-0. (C) Reappointment to Civil Service Board tabled from October 15, 2012 meeting Mr. Taylor noted that the Civil Service Board was made up of three members. He stated that George Davis had previously served in this role and recommended reappointment for a term to expire August, 2012. MOTION: Councilman Fennel recommended the retroactive appointment of George Davis until August, 2013. Motion was seconded by Councilman Lnenicka 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. November 5,2012 (A) Approval of October 15, 2012 Mayor and Council meeting minutes (B) Approval of 2013 Smyrna Community Event Dates (C) Approval to use Council Chambers on November 13, 2012, 6:30 p.m. until 9:30 p.m., for Oak Ridge Estates Annual HOA Meeting (D) Award RFQ 13-012 Cisco Phone Server Upgrade to the lowest bidder meeting specifications, Digitel Corporation for$26,285.74 and authorize the Mayor to sign and execute any related documents (E) Approval of the purchase one (1) Ford Sedan Interceptor vehicle, two (2)Ford Taurus SE vehicles, five (5) Ford Explorer Interceptor vehicles, and one (1) Ford Explorer Interceptor vehicle (City Court Marshal) in the amount of$224,676.00 dollars, and authorize the Mayor to execute any related documents (F) Approval of RFQ 13-011 to lowest responsible bidder, Ten-8 Fire & Safety for protective gear for firefighting (40 sets at price of$1,776 per set) (G) Approval of the temporary road closure of Ward Street to through traffic between Windy Hill Road and Powder Springs Street from November 19, 2012 through January 7, 2013 (H) Award RFQ13-007-B to Boutte Tree, Inc., sole bidder, for arborist and landscape plan review services and authorize the Mayor to sign documents related to this service wan MOTION: Councilwoman Pritchett moved to approve the Consent Agenda as presented. Motion was seconded by Councilwoman Anulewicz and approved 7-0. 9. COMMITTEE REPORTS: Councilman Fennel yielded with no report. Councilman Lnenicka thanked the residents of Olde Vinings Mill for inviting him to their HOA meeting. He stated that he would be attending the upcoming gathering at Oak Ridge and echoed Mr. McNabb's comments about Ken Nix. Councilman Lnenicka remarked on the loss of Marshton Tuck, who had served on Council for 6 years. He shared that Mr. Tuck was instrumental in building the treasury and establishing public safety projects in the City. Councilwoman Anulewicz mentioned the ribbon cutting grand opening at the International Academy of Smyrna that she had attended Councilman Welch thanked the residents of Grace Meadows for the opportunity to attend the HOA meeting, where the consensus was that the City was moving in the right direction. Councilwoman Anulewicz reminded all that the community center was a popular voting location during early voting but open only to Ward 3 voters on election day. She suggested that the Secretary of State website had information on voting. Councilwoman Blustein remarked on the large turnout during early voting. 4 November 5,2012 Councilwoman Pritchett reminded Ward 1 residents that their voting location was Argyle Elementary School and encouraged all to participate. There were no further reports 10. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. 11. CITIZEN INPUT: Howard Martin of 3435 Lee St. thanked Mr. McNabb for his comments and shared that he was acquainted with the Nix family. He shared that Mr. Nix had been a tremendous athlete and valued citizen. Mr. Martin commented on the Food Truck event, stating his support but questioning the licensing, permitting and fee requirements for participants. He expressed his desire for regulation and that those businesses be held to the same level of accountability as other, local establishments. Mr. Martin shared that he had witnessed alcohol being consumed during the event and cited the city ordinance that action violated. He opined that the consumption of alcohol in public parks with children present was against the law and should be enforced. Mr. Martin relayed a personal loss involving a drunk driver and requested that Council be mindful of upholding the ordinances. He displayed a picture of the Food Truck parking that was causing a traffic jam in his neighborhood. Alex Backry of 3459 Shawnee Trl. commented on the purchase of Smyrna Commons and presented figures that showed a loss absorbed by the City. He stated that a referendum should have been required. Mr. Backry brought up payments due on Hickory Lakes because the property had not yet been sold and noted that the recent purchase of the lot at King Springs was past due to be demolished. Mr. Backry opined that the City should not be involved in real estate dealings and speculating with tax payer funds. Mr. Don Berry of 835 Flagler Circle reiterated that the amendment to add daycare to R15 zoning was passed in July, 2006 and requested records to show the mandate for that action. Ms. Judy Davila, property manager for the home located at 825 Flagler Cir. Stated that when the daycare was completed in 2008 she was informed that the water runoff would be removed. She made known her opposition to the daycare's expansion due to existing improprieties that she would like corrected. She highlighted issues with the PVC pipes channeling run-off, a 75% concrete parking lot, no retention pond and discarded refuse at the rear of the property. Mr. Taylor stated that Ken Suddreth at Community Development would meet with her. Mary Kirkendoll, resident at 1078 Oakview, commented on the recent installation of street lights near City Hall and the Market Village, expressing her opposition. She addressed Councilwoman Pritchett regarding the new RaceTrac and opining that it was not the optimal business to have recruited to that location. Ms. Kirkendoll cited projects in other cities that she would like Council to implement. Mayor Bacon encouraged all to vote and declared the meeting adjourned at 8:20 p.m. 11"0"1" November 5,2012 5 0 ).----geg:th--) A. MAX BACON, MAYOR VAi • ', CITY CLERK ga4(,,,,,,,,y/ MELLENY PRITCHETT,4f,VARI EIN, WARD 2 )Zio.r/ / TE I ANULEWIC WARD 3 C a. d ic.ile, CHARLES A.WELCH, WARD 4 I , / , a4a6/' 41444.6 . 1. 4F0 140,4 SUSAN WILKINSON, WARD 5 ADE S. LN NI K•7 WARD 6 /'/ WNW A I e / RO■, FENNEL, WARD 7 moommimumm 5 November 5, 2012 L _, / cA4),a4a'il tli, . i'--'1:_,(: --; A. MAX BACON. MAYOR SUSN D. HIOTT, CITY CLERK MELLENY PRITCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 bA.C■Aktio a . L,J 12/Je\ TE I ANULEWICZr, • ARD 3 CHARLES A.WELCH, WARD 4 SUSAN WILKINSON, WARD 5 WADE S. LN NI K A , WARD 6 /•/ 7-- / RO FENNEL, WARD 7 ORDINANCE NO. 2012-14 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CITY OF SMYRNA CODE OF ORDINANCES, APPENDIX A — ZONING, ARTICLE VII USE PROVISIONS, SECTION 703.2 BE AMENDED, AMENDING SECTION 703 R15, SINGLE FAMILY RESIDENTIAL DISTRICT: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 703.2(6) be amended to read: 6. A semi-circular drive shall be provided for off-street loading and unloading of children. Both ends of this drive shall connect to the roadway required by Section 703.2(1). 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 5th day of Nove , 201 A. Max Bacon, Mayor lest: viiet- •pr i d as to f i :0 uanD. Hi Hiott, City Clerk City of Smyrna - v�rrh :. , City Attorne Ci of Smyrna '"� MO .,. ORDINANCE NO. 2012-21 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, THAT SECTIONS REQUIRING ELECTRONIC RECORDS, OF ARTICLE III, CHAPTER 22, PAWNBROKERS BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections mandating use of electronic records within Article III, Chapter 22 of Pawnbrokers of the Code of Ordinances of the City of Smyrna, Georgia, be suspended until May 6, 2013. 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 OMR 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 5th day of November, 2012 ./ ") ---------- Attest: A. Max Bacon, Mayor j&Wil ic__ Susan D. Hiott, City Clerk City of Smyrna Apr ova ' .s to . .• p , L- .= . .a.. City Attorney City of Smyrna TLT,,CI , _ , , _ ,”