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03-04-2013 March 4. 2013 Mayor and Council Minutes 4 ri 2800 King Street City of Smyrna Smyrna, Georgia 30080 Meeting Minutes - Final City Council Council Chambers Monday, March 4, 2013 7:30 PM Call to Order The Mayor called the meeting to order at 7:30 Present: 7 - Mayor Max Bacon, Councilmember Melleny Pritchett, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Wade Lnenicka and Councilmember Ron Fennel Absent: 1 - Councilmember Susan Wilkinson Also Present: 6- Samantha Kasraie, Steve Ciaccio, Jessica Melton, Ken Suddreth, Jeffrey visa* Tucker and Tammi Saddler Jones Invocation and Pledge: Dr. Steve Kimmel delivered the invocation and led all in the pledge to the flag. 2. Agenda Changes: The Mayor stated that an item would be added to the consent agenda. A motion was made by Councilmember Lnenicka to suspend the rules to add to agenda item 8(D)the road closings for the city's Memorial Day event on May 27th and provided the details of the streets involved. The Motion was seconded by Councilwoman Anulewicz and carried by the following vote: Aye: 6 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel 2. Agenda Changes: A motion was made by Councilmember Lnenicka to add to consent agenda item 8(D)the list of street locations previously provided. The motion was seconded by Councilmember Anulewicz and carried by the following vote: WNW The Mayor stated for the record that Councilmember Wilkinson and Eric Taylor were out of town. Aye: 6 - Councilmember Pritchett, Councilmember Blustein, Councilmember City of Smyrna 3/4/2013 Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel 3. Mayoral Report: Proclamation in Recognition of Red Cross Month, March 2013 Sponsors: Fennel The Mayor asked that any representatives of the Red Cross approach and be recognized. Councilman Fennel acknowledged Ms. Anderson and read aloud and presented the proclamation. 4. Land Issues/Zonings/Annexations: The Mayor stated that there were none 5. Pi ivilege Licenses: The Mayor stated that there were none 6. Formal business: Approval of the Appointment of the City Clerk Sponsors: Anulewicz wow Mrs. Saddler-Jones announced the new City Clerk Terri Graham and provided her background. Mayor Bacon noted that Councilwoman Anulewicz had chaired the Search Committee for the City Clerk and called on her to discuss. The Councilwoman shared that she, along with Councilmembers Pritchett and Lnenicka and Kay Bolick had reviewed many resumes with Mrs. Graham's being the most highly qualified. She shared that there was consensus that Mrs. Graham would be a strong fit for the City, exemplified impeccable professional skills, and the ideal skill set including working towards a Master Clerk certification. Mrs. Graham introduced herself and shared that she had extensive professional experience and hoped to be a valuable asset to the City. Councilwoman Anulewicz noted that Mrs. Graham would be delivering her first report in two weeks. A motion was made by Councilmember Anulewicz, seconded by Councilmember Pritchett, that this Appointment be approved. Councilman Lnenicka confirmed that the appointment would be effective March 5th.The motion carried by the following vote: Aye: 6 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel wow Swearing in of the City Clerk City of Smyrna 3/4/2013 Sponsors: Anulewicz The Mayor called on Judge Curtis to perform the swearing in ceremony and invited Mrs. Graham, along with her family and friends,to come to the platform. Judge Curtis performed the ceremony and Mrs. Graham signed the oath. Mrs. Graham introduced her family and friends in attendance. The Mayor noted that this completed the filling of several high level positions. Approval to rename Tolleson Park Softball Field B in honor of Judge Ken Nix Sponsors: Fennel Mrs. Saddler-Jones shared that the late Judge Ken Nix had established an adult softball league and Councilman Fennel highlighted the numerous contributions that the Judge had made to the community over the years. He advised that he was a retired Cobb County Superior Court Judge,former House Representative,State Court Judge and Emory graduate. Councilman Fennel relayed a personal story about playing in a league tournament and praised Judge Nix's commitment to involving young people in sports. The • Councilman shared that Judge Nix had lost his battle to pancreatic cancer and was survived by his children and 13 grandchildren. Councilman Fennel advised that the renaming of the field was part of the City's tribute and that there would be a ceremony once the season was under way. A motion was made by Councilmember Fennel,seconded by Councilmember Lnenicka,that this Authorization be approved. The motion carried by the following vote: The Mayor stated that the lives of many young kids had been changed thanks to Ken Nix. He praised his dedication to Smyrna and shared that the programs begun by the Judge had improved the quality of life for many seniors as well. The Mayor stated that Steve Ciaccio would provide additional details later in the meeting about the planned ceremony. Aye: 6- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel Bid Award RFP13-017 to Green Rock Partners for Parks and Recreation Master Plan for 2013-2023 in the amount of$29,000 and authorize the Mayor to sign and execute all documents Sponsors: Wilkinson Mrs. Saddler-Jones advised that staff recommended approval. She noted that Green Rock Partners demonstrated an excellent understanding of the scope of the project, met the qualifications and possessed previous relevant experience. Steve Ciaccio explained that this was for the 10 year parks and recreation master plan and provided details of what would be included. Mr. Ciaccio noted that there would be a public input portion and advised that notification would be sent out when that phase was in progress. Mr.Ciaccio stated that Wednesday, April 3rd would be the date for the function mentioned earlier. Councilman Welch praised the park system in Smyrna. City of Smyrna 3/4/2013 NNW A motion was made by Councilmember Welch that this Bid/RFP Award be approved.The motion carried by the following vote: Aye: 6- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel Public Hearing - Approval of Ordinance 2013-04 amending the Alcoholic Beverage Ordinance to allow growler stores to sell tastings for marketing purposes - City of Smyrna Sponsors: Blustein Mrs. Saddler Jones called on Ken Suddreth,who advised that wording was added to match the wine verbiage and that the amendment limited tastings to five 2 oz. samplers. Mr. Suddreth stated that staff recommended approval. Councilwoman Pritchett requested a definition of a growler and Mr. Suddreth responded that it was craft beer in large, refillable containers. He elaborated that establishments typically offered local beers and rotated them frequently. Councilman Fennel confirmed that these businesses were required to follow all laws including training. Mr. Suddreth concurred, stating that both a package license and specialty license were required. The Mayor announced the public hearing and called for comment.There was none. A motion was made by Councilmember Blustein, seconded by Councilmember Fennel,that this Authorization be approved.The motion carried by the following vote: Aye: 6- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits: The Mayor stated that there were none. 8. Consent Agenda: Mrs. Saddler-Jones read aloud the consent agenda. A motion was made,seconded by Councilmember Fennel, that this be approved.The motion carried by the following vote: Aye: 6- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel Approval of February 18, 2013 Mayor and Council Meeting Minutes Bid Award RFQ 13-018 Campbell Road Drainage Improvements Award to the lowest bidder Corley Contractors for the amount of $45,175.35 and authorize the Mayor to execute any related documents. Sponsors: Welch City of Smyrna 3/4/2013 ,, Approval to grant a drainage easement on city owned property at 1105 Concord Rd. to the property owner of 1115 Concord Rd. and authorize the Mayor to sign and execute all related documents Sponsors: Welch Approval of Street Closings for 2013 City Events and Concerts Sponsors: Anulewicz Approval to use Council Chambers on March 7, 2013 from 7:00-9:00 pm for a Williams Park Neighborhood Meeting with Brett Ward, Principal of the new Smyrna Elementary School Sponsors: Anulewicz Approval to use Council Chambers for Oak Ridge Estates HOA Meeting March 12, 2013, 6:30pm - 9:30pm Sponsors: Lnenicka Approval to use Council Chambers for Vinings Forest HOA Meeting, March 14, 2013, 6pm - 10pm 1 " Sponsors: Lnenicka 9. Committee Reports: Councilwoman Pritchett yielded with no report. Councilwoman Blustein yielded with no report. Councilwoman Anulewicz stated her support of Mrs. Graham and thanked the members of the committee for their time and efforts. Councilman Welch yielded with no report. Councilman Lnenicka welcomed Mrs. Graham to the City and noted the HOA meetings on the consent agenda. He acknowledged firefighter Grady Ruff,who was in attendance for the swearing in of the new Clerk. Councilman Fennel noted that fire medic#5 was online,completing the fleet with one such vehicle housed in each station. He shared that he had numerous, positive reports on the Chief's performance over his first month. The Councilman reminded all to take the opportunity to thank public safety personnel. He made known that he had been privileged to attend the Hearts for Heroes event where firefighter Thomas Bates was among those honored. The Councilman provided an update on the recovery status of local business owner Kenny Burts. There were no further reports. 10. Show Cause Hearings: City of Smyma 3/4/2013 The Mayor stated that there were none. 11. Citizen Input: Alex Backry of 3459 Shawnee Trail commented on the breakdown of the bond due on Hickory Lakes. He opined that if the prope rty did not sell the interest would be high and questioned why the City had annexed the property to begin with. He commented that there should have been a town hall or referendum. He referenced Smyrna Commons and consultant fees. Mr. Backry's time expired and the Mayor had to repeatedly request that Mr. Backry step away from the podium. Mary Kirkendoll of 1079 Oakview remarked on the poor quality of her neighborhood. She stated that the Concord Rd. project was eliminating businesses and requested a greater focus on revitalization. Ms. Kirkendoll expressed her dissatisfaction with the proposed Krispy Kreme and Del Taco on the East-West Connector. She shared that Community Relations Director Jennifer Bennett was her neighbor and comm ented that nobody cared that the street was cracked and dilapidated. She brought up the recent IMAGE vote and a fake ID ring involving illegals. 12. Adjournment: The Mayor declared the meeting adjourned at 8:19 pm. MININIPtc City of Smyrna 3/4/2013 Maw 4, 3 MAYOR AND COUNCIL MEETING „,,,,„.. . 4,00e \!,/./V2-c-' VYA.a.-/rt-ez-f---t-- A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK / AA _ ____, 11,41, /, ,„„Ai , _ „, ,, , so.; , .. , ew ./1/1 aka-4.-- (7/ f/ MEL_ , Y P r HETT, WARD 1 ANDREA BLUSTEIN, WARD 2 //�, e f\ Q C`i . ��� TE'I ANULEWI tar, WARD 3 CHARLES A.WELCH, WARD 4 / ` /1.--)i,44,....v..f...-- SUSAN WILKINSON, WARD 5 WADE S. LNEN KA, WARD 6 / � e44°t RO ENN'L, WARD 7 CITY CLERK'S OATH OF OFFICE I, Terri Graham, do solemnly swear that I will well and truly conduct myself as City Clerk of the City of Smyrna for the ensuing term, that I will faithfully enforce the charter and ordinances of the City of Smyrna to the best of my ability, without fear or favor, that I am not the holder of any unaccounted public money due the State or any political subdivision or authority thereof, and in all my actions as City Clerk act as I believe for the best interests of the City of Smyrna. So help me God. Terri Graham, City Clerk Sworn and subscribed to before me on the 4th Day of March, 2013. W. Alto f Curtis, Smyrna Municipal Court Judge M 2013-04 ""°" ORDINANCE 2013-04 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, CHAPTER 22 — BUSINESSES, BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That section 6-34— Types of licenses be removed in its entirety and be amended to read: Sec. 6-34. -Types of licenses. The types of alcoholic beverage licenses which may be issued under this chapter are: (1) Pouring distilled spirits; (2) Pouring wine and malt beverage; (3) Wine specialty shop (add on to package license only); (4) Growler malt beverage shop tasting license (add on to package license only); (5) Educational tastings of wine or malt beverages (add on to package license only); (6) Educational tastings of distilled spirits within a distillery (add on to a manufacturers license only); (7) Brewpub (add on to malt beverage pouring license only): (8) Package distilled spirits; (9) Package wine and malt beverage; (10) Wholesale alcoholic beverages; and (11) Manufacturer. That section 6-45 — Consumption on package licensed premises prohibited be removed in its entirety and be amended to read: Sec. 6-45. - Consumption on package licensed premises prohibited. Except as otherwise specified herein, it shall be unlawful for any person licensed for the operation of a package store only to permit or allow any consumption of alcoholic beverages on the premises of such package store location. It shall be the duty of the owner and/or operator of each establishment to police and prevent the consumption of any alcoholic beverages upon the premises of any package store location. Consumption on the premises shall be allowed only in those locations having a pouring license except that in locations having a license to sell package wine, wine may be consumed on such p remises during a wine tasting. However, wine or malt beverages may be sold b y t he drink and consumed on the premises provided that a specialty wine shop, growler malt beverage 2013-04 shop tasting license or educational tasting license is obtained and the requirements of such license are p•- met as provided herein. That section 6-77. — Growler malt beverage shop tasting license be added as follows: Sec. 6-77. — Growler malt beverage shop tasting license (1) As used in this Code section, the term growler malt beverage tasting license shall be limited to: a) person possessing a current license from the City for the sale of wine or malt beverages by the package, and; b) in locations whose total interior floor area does not exceed 3,000 square feet, and; c) Where no less than 75 percent of the gross revenue is derived from the sale of malt beverages in growler containers for consumption off the premises and/or malt beverage accessories. (2) Growler malt beverage sampling shall be on limited occasions when a customer requests a sample of growler malt beverage offered for sale within the premises, or in conjunction with a growler malt beverage education class and samples designed to promote growler malt beverage appreciation and education. (3) Growler malt beverage tasting for customers shall be limited to no more than five (5) samples per day per customer. Samples shall not exceed two (2) ounces. s" (4) No open growler containers shall be removed from the licensed premises. (5) Growler malt beverage sampling and tasting is only permitted within the interior portion of the premises. That section 6-124— Pouring requirements be removed in its entirety and be amended to read: Sec. 6-124. - Pouring requirements. No pouring license, except a license for a wine specialty shop, growler malt beverage shop tasting or educational tasting, shall be issued to, or held by, any applicant unless at least 50 percent of the business by volume, when considering the total of sales from alcoholic beverages and food prepared to be consumed on the premises, shall be from the sale of prepared foods to be consumed on the premises. (1) All establishments licensed to pour shall submit a quarterly audit showing the sales of alcoholic beverages 'and food prepared on the premises and nonalcoholic drinks to the city business license office no later than at the time of renewal for the coming license year. (2) Authorized officials of the city may examine the records of applicants at any reasonable time to ascertain that the requirements of this section are met. a... (3) The dining area or serving area of the applicant must have a minimum seating capacity of 40. 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. 2013-04 Approved by Mayor and Council this 4th day of March, 2013 A. Max Bacon, Mayor Attest: Approved as to form: Syr ,r Samantha Kasraie, Interim City Clerk Scott A. Cochran, City Attorney City of Smyrna City of Smyrna WNW