12-12-2012 December 17, 2012 City of Smyrna
2800 King Street
Smyrna, GA 30080
www smyrnacity.com
VA
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Meeting Minutes - Preliminary
•*- Monday, December 17, 2012
7:30 PM
Council Chambers
City Council
City Council Meeting Minutes-Preliminary December 17,2012
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Public Hearing - Charter Amendment- Ordinance#2012-23 Amending
Section 6 C - Redistricting Plan of the Seven Wards of the City of
Smyrna (First approved 12/3/2012 meeting -for final adoption)
The Mayor stated that this would be tabled until February 4,2013 and Mr.
Taylor provided the background.The Mayor recognized that some residents
had concerns and called those wishing to speak to approach and be sworn in.
Betty Williams, residing on Turpin Rd.,expressed her concerns about the
redistricting . She opined that the changes consolidated low income housing
into Ward 2 and questioned the City's efforts to improve those areas. The
Mayor remarked that a substantial amount of funds had been spent to
incorporate and improve those neighborhoods over the years.Ms.Williams
noted changes she would like to see made and the Mayor offered assurances
that the redistricting was conducted based on census numbers and not
income levels.
Councilwoman Anulewicz highlighted the Council's efforts to realize the
community's goal of reuniting Davenport and Rose Garden into one Ward.She
extended the offer to revert those communities to the original split Ward
districting but stated that they could not both be placed into Ward 3 because of
the numbers involved.Mayor Bacon detailed his,and the former Mayor's,long
term support of both Davenport and Rose Garden and Councilwoman Blustein
stated that the item had been tabled to allow for adequate citizen input.The
Mayor expressed his disagreement with the assertions that the City had not
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Ms.Frieda Castleberry of 2600 Knorr Rd.requested that meetings be
conducted to gather citizen input.
Linda Meggers was introduced,provided her background and level of
expertise and explained the basic options available for altering the proposed
redistricting.There was discussion about the request to put Rose Garden and
Davenport back together and the fact that the numbers did not allow both
communities to be moved into Ward 3.She noted that there was some room for
change due to a recent annexation made by the City.The Mayor explained that
Ms.Meggers'services were utilized to ensure legal accuracy and neutrality.
Councilman Lnenicka stated his support of tabling of the item and provided
historical background of the districting changes to Rose Garden and
Davenport.The Councilman mentioned several legal requirements that
resulted in some neighborhoods being split. Mayor Bacon affirmed his
commitment to working to accommodate citizen requests within legal
limitations.
MOTION:Councilwoman Blustein moved to table the item until 2/4/2013.
Motion was seconded by Councilwoman Anulewicz and approved 7-0.
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City Council Meeting Minutes-Preliminary December 17,2012
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Approval of 2012-22 repealing entire Section 46-1 and replacing with
new Section 46-1-Noise Regulation, City of Smyrna Code of
Ordinances Tabled from November 5, and December 3, 2012
Meetings(RF)
Sponsors: Fennel
Mr.Taylor stated that staff had been working with the Police Department,City
Attorney and Mayor and Council to define the ordinance to facilitate
enforcement.Councilman Fennel expressed his gratitude to staff and
Management Fellow Jessica Melton for drafting a defensible ordinance.
Councilman Lnenicka extended his appreciation to the Management Fellow for
her efforts and remarked that in the event it needed to be fine tuned further it
could be brought back before Council.The Mayor stated that the majority of
noise violations were resolved with notification and there was discussion
about the impracticality of the decibel restriction contained in the original
code.
MOTION:Councilman Fennel moved to approve repealing entire section 46-1
of Ordinance 2012-22 and replacing with new section 46-1 Noise Regulation,
City of Smyrna Code of Ordinances.Motion was seconded by Councilman
Welch and approved 7-0.
Authorization to approve an Incentives Agreement between the City of
Smyrna and UCB """l
Sponsors: Blustein
Mr.Taylor stated that UCB was a global biopharmaceutical company with its
North American headquarters in Smyrna. He explained that it was in
compliance with the economic development ordinance and made known that
staff recommended approval.The Mayor acknowledged Dave Nichols of UCB,
who expressed his pleasure at having the company located in Smyrna.
MOTION:Councilwoman Blustein moved to approve Authorization to approve
an Incentives Agreement between the City of Smyrna and UCB.Motion was
seconded by Councilwoman Pritchett and approved 7-0.
Reappointment of Ward 1 Board Member to Hospital Authority Board
Sponsors: Pritchett
MOTION:Councilwoman Pritchett moved to reappoint Susan Levy as Ward 1
Board Member for the Hospital Authority for a term to expire in May of 2016.
Motion was seconded by Councilwoman Anulewicz and approved 7-0.
Approval of Ward 3 Appointee to Hospital Authority Board
Sponsors: Anulewicz
MOTION:Councilwoman Anulewicz moved to appoint Joan Stewart to the
Hospital Authority for a term to expire in May 2016.Motion was seconded by
Councilwoman Pritchett and approved 7-0.
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City Council Meeting Minutes-Preliminary December 17,2012
Replace with Agenda Title
Sponsors: Fennel
MOTION:Councilman Fennel moved to approve reappointment of Jane
Ferguson to the Hospital Authority for a term to expire May 2016.Motion was
seconded by Councilwoman Wilkinson and approved 7-0.
Approval of name change from Riviera Apartments to Pine Hills
Apartments, 1021 Church Street S.E. Smyrna, 30080, Garrison
McMillan 1021 Church Street LLC (TA)
Mr.Taylor provided the background and noted that approval of the name
change was recommended.
MOTION: Councilwoman Anulewicz moved to approve a name change from
Riviera Apartments to Pine Hills Apartments,1021 Church Street S.E.Smyrna,
30080,Garrison McMillan 1021 Church Street LLC.Motion was seconded by
Councilman Welch and approved 7-0.
7. Commercial Building Permits:
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The Mayor stated that there were none.
8. Consent Agenda:
Mr.Taylor read aloud the Consent Agenda.
MOTION:Councilman Welch moved to approve the Consent Agenda as
presented.Motion was seconded by Councilman Fennel and approved 7-0.
Approval of December 3, 2012 Meeting Minutes
This Minutes was approved.
Approval of November 19, 2012 Corrected Minutes
This Minutes was approved.
Approval to extend NAI Brannen Goddard Contract until December 31,
2013
This Contract was approved.
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City Council Meeting Minutes-Preliminary December 17,2012
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Approval of Renewal with Georgia Municipal Association for 2013 Worker's
Compensation Insurance coverage
This Authorization was approved.
Approval RFQ13-013 for(CDBG funded) Ultraviolet Disinfection System for
Wolfe Pool to lowest qualified bidder Aquatic Consulting&Equipment for
$17,120
This Bid/RFP Award was approved.
Approval to use Council Chambers on January 31, 2013
Sponsors: Welch
This Authorization was approved.
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City Council Meeting Minutes-Preliminary December 17,2012
commenting on his positive experiences with both.Chief Hook shared the
recent promotions in the Police Department and stated his appreciation for the
opportunity to work with the City.Councilman Fennel encouraged all to
practice safe driving practices over the holidays and provided information
about the AAA holiday assistance program.
10. Show Cause Hearings:
The Mayor stated that there were none.
11. Citizen Input:
The Mayor stated that two speakers had signed up but there were not present.
12. Adjournment:
He wished both Chief Hook and Michael Seigler well,offering praise and
relaying several personal stories.
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City Council Meeting Minutes-Preliminary December 17,2012
9. Committee Reports:
Councilwoman Pritchett announced that the Granicus installation was moving
forward.She offered her condolences on the loss of Ernie Curtis,who had
served on the Smyrna Housing Authority and Historical Society.
Ken Suddreth delivered a report on November statistics for Community
Development.
There was no report from Finance.Jennifer Bennett reminded all of the
upcoming events hosted by the City during the holiday season and delivered a
status update on Granicus.She commented on the features of the social
ideation portion of the Granicus system. Councilwoman Anulewicz made
remarks about the recent tragedy in Connecticut.
Ann Kirk announced the bring one for the chipper program and encouraged all
to participate.Scott Stokes commented on the scheduled repairs of the lights
on the downtown Christmas tree and informed all present of the holiday
sanitation schedule.He provided updates on projects throughout the City and
announced statistics for the bio-diesel plant.
Steve Ciaccio noted the holiday and maintenance closings at the Wolfe Aquatic
and Community Centers.There was discussion with the Mayor about
scheduling the repairs of the basketball floors during the winter break.Michael
°""■" Seigler shared the upcoming events at the library and expressed his pleasure
at having been with the City for so many years.The Mayor congratulated Mr.
Seigler on his retirement and commended him on a job well done,expressing
appreciation for his efforts and leadership.
There were no reports from Human Resources and Court Services.Councilman
Lnenicka thanked Chief Hook and Michael Seigler for their service and
contributions,wishing them well in their retirement.He thanked the Friends of
the Library and the Smyrna Public Safety Foundation for their support and
involvement with the City.The Councilman expressed his gratitude to the
Westchester Commons and Vinings Glen communities for including him in
their holiday celebrations. He remarked on the shootings in Connecticut,the
need for preparedness drills and the exceptional performance of Smyrna's
public safety officials in prior emergency training tests.He noted the passing
of Huley McDaniel,a family friend of the City Attorney and Gresham Halrun,a
personal family friend.Councilman Lnenicka shared that Kenny Burts was
recovering from surgery.
Councilman Fennel extended his condolences to family of Mr.Halrun,with
whom he had served in the legislature. He shared that he,along with
Councilman Lnenicka,had the honor of representing the City at the National
Guard's birthday celebration.He thanked Commissioner Bob Ott and Council
for fulfilling obligations to implement SPLOST projects and provided details on
how to subscribe to his blog to receive updates.The Councilman extended his
best wishes to Kenny Burts and his family as well as Lilli Wood,who was
recovering from a fall.He echoed sentiments about the incident in
Connecticut.Jason Lanyon provided an update from the Fire Department,
including a report on the"Shop with a Hero"event.He thanked the many
sponsors and those involved in organizing the activity.Chief Lanyon
congratulated both Chief Hook and Michael Seigler on their retirement,
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City Council Meeting Minutes -Preliminary December 17,2012
Call to Order
Mayor Bacon called the meeting to order at 7:30 p.m.
Present: 8- Mayor Max Bacon, Councilmember Melleny Pritchett,Councilmember
Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles
Welch, Councilmember Susan Wilkinson, Councilmember Wade Lnenicka
and Councilmember Ron Fennel
1. Invocation & Pledge:
2. Agenda Changes:
The Mayor stated that 4(A)would be tabled until the 22nd of January.6(A)
public hearing would be held but final approval would be tabled until February
4,2013.
3. Mayor's Report:
Mayor Bacon stated that Library Director and Police Chief Stan Hook were
retiring and thanked them for their service.Councilman Fennel presented Chief
Hook with a special recognition for his participation with TEAM Georgia.Mayor maw
Bacon acknowledged Commisioner Bob Ott,who wished all a Merry
Christmas.The Mayor thanked the citizens for electing him to office the past 33
years and expressed his gratitude to the current Council, his wife and family.
He noted the tragedy in Connecticut.
4. Land Issues/Zonings/Annexations:
Public Hearing -Zoning Request Z12-009 -Zoning amendment for
the modification of the approved site plan and building elevations -
2.47 Acre Tract - Land Lots 620 and 677 - East/West Connector and
South Cobb Drive - Columbia Properties, Inc. (WL) Item is to be tabled
to the January 21, 2013 meeting at the request of the applicant
The Mayor called for public comment.There was none.Councilman Lnenicka
moved to table until January 22,2013 zoning request Z12-009.Motion was
seconded by Councilman Fennel and approved 7-0.
5. Privilege Licenses:
The Mayor stated there was none.
6. Formal business:
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City of Smyrna Page 1 Printed on 1/7/2013
ORD 2012-22
ORDINANCE NO. 2012-22
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AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA,
OF CHAPTER 46 SECTIONS 46-1 NOISE REGULATION BE AMENDED AS FOLLOWS:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Section 46-1 of the Code of Ordinances of the City of Smyrna, Georgia, be removed in its
entirety and amended to read as follows:
All terminology used in this article, not defined below, shall be in conformance with applicable
publications of the American National Standards Institute (ANSI) or its successor body.
Sec. 46.1 —Noise Regulation
(a) Definitions. The following words and terms, when used in this section, shall have the following
meanings:
A-weighting is the electronic filtering in sound level meters that models human hearing frequency
sensitivity.
Ambient sound level shall mean the A- weighted should level of all sounds associated with a given
environment, exceeded by ninety (90) percent if the time (L90) measured and being a composite of
sounds from many sources during the period of observation while the sound from the noise source of
interest is not present.
Background sound level is the total sound pressure level in the area of interest excluding the noise
source of interest.
Commercial or business property category includes all property which is used primarily for the sale of
merchandise or goods, or for the performances of service, or for office or clerical work.
Construction is any site preparation, assembly, erection, repair, alteration or similar action, or
demolition of buildings or structures.
Continuous sound is a sound that has a constant or regular duration exceeding two minutes of time.
Decibel (dB) is the unit of measurement for sound pressure level at a specified location.
dBA is the A-weighted unit of sound pressure level.
Emergency is any occurrence or set of circumstances involving actual or imminent physical trauma or
property damage which demands immediate action.
Emergency work is any work or action performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency.
ORD 2012-22
Impulsive sound is a sound having duration of less than one minute with an abrupt onset and rapid decay
and an occurrence of three times in thirty (30) minutes. .•
Industrial or manufacturing property category included any property which is used primarily for
manufacturing or processing.
Institutional property category includes any property which is used primarily for public purposes such
as city hall or a city park.
Legal holidays recognized by Smyrna include New Years Day, Martin Luther King Jr. Day, Good
Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after
Thanksgiving, and Christmas Day.
Mixed use district is established to provide locations for planned mixed use development of commercial,
office and residential uses. The proper definition can be found Sec. 720. - [MU], mixed use district.
Muffler is a sound-dissipative device or system for attenuating the sound of escaping gases of an internal
combustion engine.
Multi family dwelling is any building or other shelter that has been divided into separate units to house
more than one family.
Noise is any sound which annoys or disturbs humans or causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise disturbance is any sound that (a) endangers the safety or health of any person, (b) disturbs a
reasonable person of normal sensitivities, or (c) endangers personal or real property.
Octave band is all of the components in a sound spectrum whose frequencies are between two sine
waves components separated by an octave.
Premises shall mean any building, structure, land, utility or portion thereof, including all appurtenances,
and shall also include yards, lots, courts, inner yards and real properties without buildings or
improvements, owned and controlled by a person.
Public space property category includes any real property or structures thereon that is owned, leased, or
controlled by a governmental entity.
Real property line is the line, including its vertical extension that separates one parcel of real property
from another.
Receptor premises shall mean all real property including appurtenances thereon which is owned or
controlled by any governmental entity and shall include streets, alleys, parks and waterways.
Residential property category includes all property on which people live and sleep or parks or hospitals
or schools or nursing homes or that which is not commercial or industrial. wog
Source premises shall mean the premises (residential, commercial, industrial, and multi use district) as
listed in Table 1 that is emitting noise that is crossing one (1) or more property lines and impacting the
receptor premises.
ORD 2012-22
Sound level meter (SLM) is an instrument used to measure sound pressure levels conforming to Type 1
or Type 2 standards as specified in ANSI Standard S1.4-1983 or the latest version thereof.
ONION
Sound pressure level (SPL) is 20 multiplied by the logarithm, to the base ten, of the measured sound
pressure divided by the sound pressure associated with the threshold of human hearing, in units of
decibels.
Weekday is any day, Monday through Friday, which is not a legal holiday.
(b)Scope. The provisions of this ordinance shall apply to the control of all sound originating within the
geographical limits of the city and outside the city limits, within all territory to which the jurisdiction of
the city extends.
(c)Sound level limitations
(1) No person shall cause, suffer, allow, or permit the operation of any sound source in such a manner
as to create a sound level that exceeds the continuous and impulsive sound level limits set forth in Table
1. Sound will be measured at 40 feet or the real property line of the source premise to the real property
line of the receptor premise, whichever is the greatest distance. If the sound is greater than the limits
contained in Table 1, the sound source would constitute a noise disturbance.
Receptor Premises
Residential Commercial Industrial Mixed Use District
11:01 7 11:01 7 11:01 4:01am-
Source Premises 7 am 11:01
pm — 7 am-- am pm— am pm— 6:59 am
pmt 6:59 11 pm 659 am -- 11 6:59 — 11 4:00
am pm am pm am
Residential
Property 65 60 65 60 65 60 65 60 60
Commercial 65 60 70 65 70 65 70 65 65
Property
Industrial 70 65 75 70 80 75 75 75 65
Property
Mixed Use 70 65 70 65 80 75 75 75 65
District
(3) Exemptions. The following are exempt from the sound level limits of section (c)(1-2):
a. Noise from emergency signaling devices, trains, airplanes;
b. Sound from church bells and chimes when a part of a religious observance or service;
c. Noise from landscape and yard equipment when operated between 7:00 a.m. and 9:00 p.m.
on weekdays and between 8:00 a.m. and 9:00 p.m. on weekends and legal holidays,
provided all motorized equipment are equipped with functioning mufflers.
d. The erection(including excavation and site development),demolition, alteration or repair of
any building in or within 300 feet of any property zoned residential within the city, and the
excavation of streets and highways in or within 300 feet of any residential zoning district in
the city, other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday
. . _ .
ORD 2012-22
and between the hours of 9:00 a.m. and 6:00 p.m. Saturday, unless such operations which
are carried on in such a manner or in such a location as not to create sound exceeding 60
dB(A), when measured at or beyond the property boundary of the property from which the MINIM
sound emanates.
e. Noise generated from municipally sponsored celebrations or events shall be exempt from the
provisions of this section.
(4) Enforcement procedures
1. The city may prosecute noise related violations by issuance of a city ordinance citation, in
which case, the penalty for a violation shall be as set in city Code Section 1-8. If the
violation is of a continuing nature, each day during which it occurs shall constitute a
separate violation.
2. In lieu of issuing a fine as provided in section (d)(1), the city judge may issue an order
requiring immediate abatement of any sound source alleged to be in violation of this section.
3. No provision of this section shall be construed to impair any common law or statutory cause
of action, or legal remedy there from, of any person for injury or damage arising from any
violation of this section or from other law.
Approved by Mayor and Council this 17th day of December, 2012
Attest: A. Max Bacon, Mayor
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City of Smyrna
Approved as to form:
Scott A. Cochran, City Attorney """�"
City of Smyrna