10-20-2014 October 20, 2014 M&C Meeting Minutes final2800 King Street
Smyrna, Georgia 30080City of Smyrna
Meeting Minutes - Final
City Council
7:30 PM Council ChambersMonday, October 20, 2014
Roll Call
Mayor Max Bacon, Mayor pro tem/Councilmember Melleny Pritchett,
Councilmember Andrea Blustein, Councilmember Teri Anulewicz,
Councilmember Charles Welch, Councilmember Susan Wilkinson,
Councilmember Wade Lnenicka and Councilmember Ron Fennel
Present:8 -
Scott Cochran, Eric Taylor, Jennifer Bennett, Scott Stokes, Chelsea
Jackson, Heather Corn, Terri Graham, Kay Bolick, Russell Martin, Toni Jo
Howard, David Lee, Dan Campbell, Steve Ciaccio, Ann Kirk, Tammi
Saddler Jones and Ken Suddreth
Also Present:16 -
Call to Order
Mayor Max Bacon called the meeting of the Mayor and Council to order at 7:30 PM
Invocation and Pledge:1.
Mr. Justin Radar, Minister to Children at Smyrna First Baptist Church gave the
Invocation and led the Pledge of Allegiance.
Agenda Changes:2.
No changes were made to the agenda.
Mayoral Report:3.
Mayor Bacon asked if there were any candidates running for office that wished to
speak and recognized Susan Thayer as a candidate running for School Board.
She came forward to speak.
Land Issues/Zonings/Annexations:4.
A.Public Hearing - Zoning Request Z14-013 - Rezoning from R-15 to
RAD-Conditional for the construction of two new single-family homes -
0.46 Acre Tract - Land Lot 489 - 1084 Fleming Street - Jasper Wayne
Proctor
Sponsors:Anulewicz
Mayor Bacon announced the Public Hearing on this rezoning request and asked City
Administrator Eric Taylor to give the background. Mr. Taylor stated that this request
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by Jasper Wayne Proctor was for the rezoning of Land Lot 489 - 1084 Fleming
Street, from R-15 to RAD Conditional for the construction of two new single family
homes on the 0.46 acre tract. The Planning and Zoning Board voted 6-0 for approval
of the rezoning conditions. Staff recommended approval.
Mayor Bacon announced the Public Hearing and asked if anyone wanted to come
forward to speak for or against the rezoning. No one came forward. Mayor Bacon
called on Councilmember Teri Anulewicz and she asked Russell Martin of
Community Development to come forward and give the details of the zoning. The
request was for the rezoning of the current R-15 to RAD-Conditional. The conditions
for the development were as follows:
Standard Conditions
(Requirement #2, 3, 4, 8, 9, 10 and 17 from Section 1201 of the Zoning Code is not
applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100% hardy plank siding. The residences whose lots
abut external roadways shall not be permitted to utilize hardy plank for any elevation
facing these roads.
2. The stormwater management facility shall be placed and screened appropriately to
be unobtrusive to homes inside and outside the development. The storm water
detention plan shall be designed to create at least a 10% reduction in a 2-year to
100-year storm event. The City Engineer shall approve all plans.
3. All utilities within the development shall be underground.
4. The developer shall be responsible for any traffic improvements (including
additional right-of-way dedications) deemed necessary by either the City or the
County during construction plan review. Sidewalks shall be provided by the developer
inside the subdivision and outside the subdivision adjacent to any public right-of-way
consistent with City’s requirements for the extent of the development. A grass buffer
with a minimum width of 2’ shall be provided between the back of curb and sidewalk.
5. No debris may be buried on any lot or common area.
6. The developer will comply with the City’s current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the
developer during construction.
7. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
8. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
9. All single-family and/or duplex residential lots shall provide the following at the time
of certificate of occupancy: either four 3” caliper trees or three 4” caliper trees. The
following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee
Elm, and Village Green Zelkova. Other species may be used if approved by the City.
Russell Martin read aloud the following special conditions:
Special Conditions
10. The development shall maintain the following setbacks:
Front – 30’
Side – 10’
Z14-013
September 3, 2014
Page 7 of 9
Rear – 30’
11. Driveway – 22’ minimum length from building face to back of sidewalk.
12. The right-of-ways along Fleming Street shall be increased to 50 feet. Therefore a
dedication of approximately 5’ feet is required along Fleming Street.
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13. The developer shall provide a 5’ sidewalk with a 2’ grass buffer along Fleming
Street for the length of the development.
14. Approval of the subject property for the Residential Attached Detached (RAD)
zoning district shall be conditioned upon the development of the property in
substantial compliance with the submitted site plan dated 4/11/2014 created by
ACME American.
15. The applicant shall be bound to the elevations submitted and dated 4/11/2014.
Approval of any change to the elevations must be obtained from the Director of
Community Development.
Mayor Bacon asked if there were any questions for Mr. Martin, he then called the
applicant, Jasper Wayne Proctor forward he was sworn in by City Attorney Scott
Cochran.
There were no questions for Russell Martin but Mr. Proctor spoke about his
experience as an Engineer and Surveyor and stated that he has lived in Marietta for
most of his life. Councilmember Anulewicz said that she is pleased with the tree
assessment on the property even with the building of two homes on what is currently
a one home property.
Mayor Bacon asked if there were any further questions for the applicant. There were
none.
A motion was made by Councilmember Teri Anulewicz to approve Z14-013 Zoning
Request - Rezoning from R-15 to RAD-Conditional for the construction of two new
single family homes - .46 Acre Tract - Land Lots 489- 1084 Fleming Street and she
noted that this was the kind of development they anticipated and have been seeing
since they announced the construction of Smyrna Elementary School and it was in
line with current redevelopment trends in this neighborhood and kept with the feel of
the community, seconded by Mayor ProTem/Councilmember Melleny Pritchett. The
motion carried by the following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
7 -
B.Public Hearing - Zoning Request Z14-023 - Rezoning from LI to
MU-Conditional for the construction of a 10,000 sq. ft. mixed use
building - 1 Acre Tract - Land Lot 55 - 1860 Freeman Parkway - B.
Terry Seymour, III
Sponsors:Fennel
Mayor Bacon announced the Public Hearing on this rezoning request and asked City
Administrator Eric Taylor to give the background. Mr. Taylor stated that this request
by B.Terry Seymour III was for the rezoning of Land Lot 55 - 1860 Freeman Parkway,
from L1 to MU Conditional for the construction of a 10,000 Sq. ft. mixed use building -
1 acre tract. The Planning and Zoning Board voted 6-0 for approval of the rezoning
with conditions. Staff recommended approval. He stated there would be medical
facilities, a restaurant and small living space all within the 10,000 sq. ft. building.
Mayor Bacon announced the Public Hearing and asked if anyone wanted to come
forward to speak for or against the rezoning. No one came forward. Mayor Bacon
requested B. Terry Seymour to come forward and have a seat.
Councilmember Ron Fennel called on Russell Martin of Community Development to
come forward and give the details of the zoning. The request was for the rezoning of
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the current L1 to MU- Conditional. The conditions for the development were as
follows:
Standard Conditions
(Requirement #2, 3, 4, 8, 9, 10 and 17 from Section 1201 of the Zoning Code is not
applicable)
1. The composition of the mixed use building shall include a mixture of elements
including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation
shall be comprised of 100% hardy plank siding. The residences whose lots abut
external roadways shall not be permitted to utilize hardy plank for any elevation facing
these roads.
2. The detention pond shall be placed and screened appropriately to be unobtrusive
to homes inside and outside the development. The storm water detention plan shall
be designed to create at least a 10% reduction in a 2-year to 100-year storm event.
The City Engineer shall approve all plans.
3. All utilities within the development shall be underground.
4. The developer shall be responsible for any traffic improvements (including
additional right-of-way dedications) deemed necessary by either the City or the
County during construction plan review. Sidewalks shall be provided by the developer
inside the subdivision and outside the subdivision adjacent to any public right-of-way
consistent with City’s requirements for the extent of the development. A grass buffer
with a minimum width of 2’ shall be provided between the back of curb and sidewalk.
5. No debris may be buried on any lot or common area.
6. The developer will install decorative streetlights and parking lot lights within the
development, subject to approval by the city engineer. Utilization of low intensity,
environmental type lighting, the illumination of which shall be confined within the
perimeter of the subject property through the use of "full-cutoff lighting".
7. The developer will comply with the City’s current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the
developer during construction.
8. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
9. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Russell Martin read aloud the following special conditions:
Special Conditions
10. The development shall maintain the following minimum setbacks:
Front – 0’
Side – 0’
Rear – 20’
The development shall maintain the following maximum setbacks:
Front – 86’
Side – 20’
11. The developer shall provide a 5’ sidewalk with a 2’ grass buffer along Freeman
Parkway for the length of the development.
12. Approval of the subject property for the Mixed Use (MU) zoning district shall be
conditioned upon the development of the property in substantial compliance with the
submitted site plan dated 8/8/2014 created by Williams and Associates.
13. The applicant shall be bound to the elevations submitted and dated 8/8/2014 by
Blue Frog Construction. Approval of any change to the elevations must be obtained
from the Director of Community Development.
Due to the size of the site and its topography, the applicant is requesting five waivers
from the MU zoning district. These waivers include the following:
1. Waiver from Section 720.3(1)(c) to increase the maximum front building setback
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October 20, 2014City Council Meeting Minutes - Final
from 20’ to 95’;
2. Waiver from Section 720.9(3) to allow for more than 50% of the gross floor area to
be in non-residential uses;
3. Waiver from Section 720.9(4) to allow for parking between the building and the
street;
4. Waiver from Section 720.9(10) to allow the primary egress onto a local road; and
5. Waiver from Section 906 to allow reduced parking from 56 spaces to 43 spaces.
Community Development has reviewed these waiver requests against the variance
review standards and has found the waivers to meet those standards due to the
constraints of the site with respect to the topography. In addition, had this property
been located in a true urban area, some of these requested waivers would not be
needed (i.e. the parking reduction) because the parking ratios would have been
significantly less due to downtown parking requirements. Since there is no
opportunity for shared parking, each use must meet the standard parking ratios. The
parking ratios for the site are broken down according to the following uses:
Residential: 2 spaces per unit - 1 unit x 2 spaces = 2 required spaces
Office: 1 space/ 250 sq. ft. – 2,708 sq. ft./250 = 10.8 required spaces
Retail: 5.5 spaces/ 1,000 sq. ft. – 3,380 sq. ft./1,000 sf. ft. x 5.5 = 18.6 required
spaces
Restaurant: 1 space/75 sq. ft. – 1,800 sq. ft./ 75 sq. = 24 required spaces
The required total number of spaces is 56 parking spaces and the proposed plan
provides 43 parking spaces. Community Development is supportive of the reduced
parking due to opportunity to share spaces within the development.
Mayor Bacon asked if there were any questions for Mr. Martin, he then called the
applicant, B. Terry Seymour forward. Dr. Seymour and Mr. Scott Haynes of Williams
and Associates were sworn in by City Attorney Scott Cochran.
There were no questions for Russell Martin but Mr. Seymour called on Mr. Haynes to
speak about the development of his behalf.
Mr. Haynes explained about the usage and how it will be broken down. There will be
medical office space for Mr. Seymour's plastic surgery / sleep study practice, an 1800
sq. ft. Tapas restaurant, 3000 sq. ft. of general retail and a day spa, 900 sq. ft. of
personal living space and 1500 sq. ft. of manager office space. He noted that there
were no Civil War artifacts or features found on this property and thanked staff for
putting together the application.
Mayor Bacon asked the councilmembers if they had any further questions and there
were none.
Councilmember Fennel commented about the transforming of this property and the
area.
A motion was made by Councilmember Ron Fennel to approve zoning request
Z14-023 - Rezoning from LI to MU-Conditional for the construction of a 10,000 sq. ft.
- 1 Acre Tract - Land Lot 55 located at 1860 Freeman Parkway the applicant is B.
Terry Seymour, III, seconded by Mayor Pro Tem/Councilmember Melleny Pritchett.
The motion carried by the following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch and Councilmember
Fennel
5 -
Nay:Councilmember Wilkinson and Councilmember Lnenicka2 -
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October 20, 2014City Council Meeting Minutes - Final
Privilege Licenses:5.
A.Public Hearing-Privilege License Request 2014-332-Beer and Wine
Package-4495 South Cobb Dr-QuikTrip Corporation dba QuikTrip
1702 with Albert Dewey Wagner II as agent.
Sponsors:Lnenicka
Mayor Bacon called upon Eric Taylor to read the background for the Privilege
License. Mr. Taylor stated that this is the newly built QuikTrip #1702 the owners were
requesting to sell beer and wine at this location. The applicant had been given a copy
of the City's alcoholic beverage ordinance and he had attended the mandatory
awareness workshop. An investigation into the applicant's background was
conducted by the Smyrna Police Department and there was no information that would
preclude the applicant from receiving the license. Staff recommended approval.
Mayor Bacon called for a Public Hearing on the matter and no one came forward to
speak. Councilmember Wade Lnenicka asked Dewey Wagner II to come forward
and noted that he had just spoken with Craig Williams that day and it was told to him
that the existing QT store would not be closed and that it would remain open for an
indefinite amount of time. He then asked Mr. Wagner to explain what his position was
with QuikTrip. Mr. Wagner stated that he currently holds the regional sales manager
position for 130 QT stores in the Atlanta area.
Councilmember Lnenicka commented that QT has a great reputation for their strict
no underage sales policy and procedures and the Smyrna Police Department never
had issues with them when tested, that he was aware of. He also said the new store
would have its official opening on or about November 20, 2014.
The applicant acknowledged being given a copy of the alcohol ordinance, has read it
and he understood it. He acknowledged that he had been trained according to its
requirements.
A motion was made by Councilmember Wade Lnenicka for item 2014-332 a Privilege
License Request for Beer and Wine Package located at 4495 South Cobb Dr -
QuikTrip Corporation doing business as QuikTrip #1702 be approved with Albert
Dewey Wagner II as agent, seconded by Councilmember Ron Fennel. The motion
carried by the following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
7 -
Formal business:6.
A.Resolution to authorize the execution of an ISDA Credit Support
Annex, JP Morgan August 2012 and March 2013 Bilateral Dodd-Frank
Agreements, and to authorize and adopt certain policies and
procedures for Swap Transactions in Compliance with the Wall Street
Transparency and Accountability Act.
Mayor Bacon called upon City Administrator Eric Taylor to read the background for
this resolution. Mr. Taylor stated that the city is party to an interest rate exchange
agreement in connection with its participation with Georgia Municipal Association's
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October 20, 2014City Council Meeting Minutes - Final
equipment leasing program. The city currently has two items we lease through GMA.
One was a fire truck and the other was the soon to be implemented finance software.
GMA came to the City and asked that we adopt a resolution in order to continue to
participate in this pool as well as adopt other policies to be compliant with the
Dodd-Frank Wall Street Transparency and Accountability Act. Staff recommended
approval.
A motion was made by Councilmember Teri Anulewicz to approve RES2014-13 a
resolution to authorize the execution of an ISDA Credit Support Annex, JP Morgan
August 2012 and March 2013 Bilateral Dodd-Frank Agreements, and to authorize
and adopt certain policies and procedures for Swap Transactions in Compliance with
the Wall Street Transparency and Accountability Act, seconded by Councilmember
Ron Fennel. The motion carried by the following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
7 -
B.Approval for the use of FY14 Surplus
Mayor Bacon asked Mr. Eric Taylor to read the background for the item. Mr. Taylor
stated that the finance department is in the process of closing the books on FY2014
and he noted that the City would have an estimated 3.3 million dollar surplus. As with
previous years the monies would be allocated to other items that would help maintain
good budgeting practices in the future. Out of the 3.3 million, the staff proposed 1
million to the City retirement program, $100,000 to the other post-employment
benefits liabilities that the City currently has, $25,000 towards public safety
equipment, $400,000 for the vehicle replacement fund, $400,000 for the capital
improvement program and $400,000 to debt service. That left $975,000 to go to the
unassigned fund balance. The staff recommended approval.
Mayor Bacon called on Councilmember Teri Anulewicz who thanked the Finance
Department, Finance Director Toni Jo Howard, Eric Taylor, city staff and department
heads for their prudence in management of the finances.
A motion was made by Councilmember Teri Anulewicz to approve item 2014-327 for
the use of FY14 Surplus, seconded by Mayor Pro Tem/Councilmember Melleny
Pritchett. The motion carried by the following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch and Councilmember
Fennel
5 -
Nay:Councilmember Wilkinson and Councilmember Lnenicka2 -
C.Consideration and approval to extend benefits to all benefit-eligible
employees entering into a legally recognized marriage. To be tabled
to January 5, 2015
Sponsors:Lnenicka
Mayor Bacon requested Mr. Eric Taylor give the background on the Domestic
Partnership and Eligibility for City Benefits. Mr. Taylor stated that currently, like other
places of work, the City had a comprehensive benefits program where benefits are
provided to employees but also to their spouses and family when they are in a legally
recognized marriage. The City had been considering for a while whether or not to
extend domestic partner benefits to other employees who otherwise might not be
eligible for the current program. The City's focus was on whether or not to extend
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October 20, 2014City Council Meeting Minutes - Final
employee benefits to same sex couples who were in a legally recognized marriage in
one of the current states that offer these recognized marriage licenses. This was not
an item to be voted on but it was on the agenda for public comment only.
Mayor Bacon recognized Councilmember Wade Lnenicka and asked for his
comment. He stated that as the Human Resources chair he simply requested that
there be public input and asked citizens to come forward who wished to speak.
The following citizens made comments:
Alex Backry requested a referendum on this issue and stated that he is against this
policy and talked about the Bible saying marriage was between a man and woman.
Thomas G. of 2863 Spring Villa Lane is for the policy and stated that he felt like it
was only a matter of time before all states recognized Domestic Partnership.
Helen S. of 2859 Green Cove Way noted that she had her partner of 22 years in
attendance and they were legally married in Washington DC four years ago. She was
for the policy.
Al Graves of 1079 Pinehurst Drive stated he was against the policy because he felt it
contradicts Georgia's current stance on Domestic Partnership and feels the City does
not have a right to go against state law.
Mayor Bacon closed the portion of the Public Comment.
No vote was taken on this item it was for Public Comment only.
Commercial Building Permits:7.
A.Issuance of a commercial building permit for Ridgeview Institute for the
construction of a 26,533 sq. ft. expansion for the institutional mental
health hospital - Land Lots 551, 552 and 601 - 3995 South Cobb Drive
- Ridgeview Institute
Sponsors:Lnenicka
Mayor Bacon asked if there was anyone present from Ridgeview after reading the
item and no one came forward. He called on Councilmember Wade Lnenicka who
gave the background.
Councilmember Lnenicka talked about the issuance of the commercial building
permit for Ridgeview Institute expansion and mentioned a meeting to be held on
Wednesday, October 23rd to go over plans and make sure everyone understood
what would take place. He noted there was no legal reason to withhold the permit.
A motion was made by Councilmember Wade Lnenicka to approve 2014-347
Issuance of a commercial building permit for Ridgeview Institute for the construction
of a 26,533 sq. ft. expansion for the institutional mental health hospital - Land Lots
551, 552 and 601 located at 3995 South Cobb Drive - Ridgeview Institute, seconded
by Councilmember Ron Fennel. The motion carried by the following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
7 -
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October 20, 2014City Council Meeting Minutes - Final
Consent Agenda:8.
The consent agenda was read aloud by City Administrator Eric Taylor.
A motion was made by Councilmember Ron Fennel to approve the consent agenda
as read aloud, seconded by Mayor Pro Tem/Councilmember Melleny Pritchett. The
motion carried by the following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
7 -
A.Approval of Mayor and Council Meeting Minutes October 6, 2014
Sponsors:City Council
B.Approval of 2015 Smyrna Community Event Dates
Sponsors:Anulewicz
C.Approval of the 2015 Employee Insurance providers and plans (Blue
Cross/Blue Shield of GA and Guardian) and authorize the Mayor to
execute all related documents
Sponsors:Lnenicka
D.Approval of Personnel Policy RSK 5-0 Light/Modified/Restricted Duty
and authorize Mayor to execute related document
Sponsors:Lnenicka
E.Approval of revision to Personnel Policy RSK 2-0 Worker's
Compensation and authorize Mayor to execute related document.
Sponsors:Lnenicka
F.Approval for proposed Smyrna Plan Document language change for
coordination of medical coverage with Medicare
Sponsors:Lnenicka
G.Approve the purchase of FY 2015 City Police Vehicles from Wade
Ford ($113,922.40) for four (4) 2015 Ford Inteceptor Police Vehicles
with all necessary emergency equipment under the state contract.
Sponsors:Fennel
H.Approve RFP 15-008, Playground equipment for Highland Drive to
Gametime Inc., c/o Dominica Recreation Products in the amount of
$41, 634.11
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October 20, 2014City Council Meeting Minutes - Final
Sponsors:Wilkinson
Committee Reports:9.
Councilmember Ron Fennel called Police Chief David Lee to come forward for the
department report.
Chief Lee spoke about the Smyrna Public Safety Foundation Banquet where they
gave out several awards. There were six given for meritorious service, 7 for life
saving, the annual Officer of the Year and Employee of the Year, and a new award
called the Chief's Award. There was also a Marksman award and Rookie of the Year
Award. There were four (4) detective meritorious awards for homicide cases and the
entire S.W.A.T team received awards.
This year will be the 1st Annual Children's Costume Parade on Saturday, October
25th and it will be a free event. They will hand out safety tip bags that will be
reflective. Jennifer Bennett was thanked for her hard work and help. Chief reminded
everyone of Halloween on Friday, October 31 and to be careful especially driving.
Councilmember Fennel thanked Chief for last year's impromptu event.
Councilmember Ron Fennel then requested Battalion Chief Steven Westbrook to
come forward for the Fire department report. Public Safety awards were mentioned
and they also had a Firefighter of the Year award and Rookie of the Year award. He
spoke of the Shop With a Hero Christmas event coming soon. Councilmember
Fennel added an additional comment regarding SPLOST and the Windy Hill Corridor
at Windy Hill and I-75. He noted that the City preferred the SPLOST "pay as you go"
program as opposed to "owe" programs.
Councilmember Wade Lnenicka attended and enjoyed the Public Safety Foundation
Awards Banquet. He mentioned that Woodland Ridge held their fall festival the
previous Saturday afternoon and Forest Hills held their fall festival the previous
Sunday afternoon. He spoke of the Ridgeview Institute and the wonderful work they
do for the community. Friends of the Smyrna Library would be having dinner with Mr.
Lincoln in a few weeks. Veterans Day will be Nov 11th this year. He again
mentioned the QuickTrip store opening on November 20th and the other store will
remain open. He suggested that people should shop the QuickTrip to encourage the
store to remain open. He went on to discuss the public comment regarding domestic
partnership and said that we have practical issues that need decisions. He asked
what would the City do with married couples that are same sex? Would we move
ahead or would we wait? Finally he acknowledged a former councilmember's mother
in law's passing and wished the family of Helen McGee his condolences.
Councilmember
Susan Wilkinson asked Steve Ciacco Director of the Parks and Rec Department to
give his report. He talked about Casper's Friendly Castle at the Community Center
and gave the details of the event, there would be a cost associated with the event but
it was per family and had been charged in previous years as well.
Librarian Mary Moore came forward and spoke about the library's bi-annual book sale
featuring books for all ages at the weekends Jonquil Festival. Friends of the Library
would hold a dinner with President Abraham Lincoln on November 1st.
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Councilmember Charles "Corkey" Welch talked about the Adopt a Mile event he
participated in said his mile was very clean.
Public Works Director Scott Stokes mentioned naked telephone poles on Atlanta
Highway where AT&T had stripped them of wires. He also said the signboard were
not informative enough regarding the closing of King Springs and his intention was to
get more information and have that rectified immediately. The Spring Rd pedestrian
bridge was moving slowly and he was looking for answers as to why there were
delays. Councilmember Welch asked about Concord Road's estimated completion
date and was told it was going to be finished mid to late January which was two
months ahead of schedule.
Councilmember Welch spoke about the recycling center and the progress.
Councilmember Teri Anulewicz asked Toni Jo Howard to give a brief announcement
about property taxes due on November 17th.
Jennifer Bennett came forward to give a report. The upcoming Jonquil Festival is
October 25-26. She mentioned the weather would be the best to date for this event
and typically there is approximately 10,000 people that are drawn to the downtown
area for this festival. She discussed a booth at the event for the Sizemoore Group
where citizens can give input as to what recommendations they have for a use of the
leftover right of way space. Food Truck Tuesday concluded on the last Tuesday in
September and it was calculated that each Tuesday saw anywhere from 800-1200
people.
Councilmember Andrea Blustein requested Community Development Director Ken
Suddreth to give an update, he spoke about the tremendous month Community
Development has had so far. All projects are currently on track. Ms. Blustein also
mentions the Jonquil Festival this weekend and the thought of a Ferris Wheel at
Food Truck Tuesdays.
Mayor ProTem/Councilmember Melleny Pritchett commented also about Food Truck
Tuesday and stated that as a citizen she really enjoyed that weekly event. She stated
the Vision Committee was having their final meeting Friday, October 23, from 8:00
am - 10:30 am. The participants of that committee were invited to the November 3rd
Council Meeting and would be introduced then. She gave instruction on how to go to
SmyrnaVision.com to read about the Vision Committee.
Citizen Input:11.
Mayor Bacon announced the Citizen Input portion and Alex Backry came forward to
speak. He commented on the Marietta Daily Journal article regarding Hickory Lakes /
Smyrna Grove and requested a better understanding of the financials through a town
hall meeting. He stated the City had delusions of grandeur and that there was no
such thing as a halo effect. He talked about the devastation of trees on the property
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October 20, 2014City Council Meeting Minutes - Final
and likened it to a war zone.
Al Graves came forward next to also speak about Hickory Lakes / Smyrna Grove. His
main question posed to the council was if there was a complete and accurate record
of all expenses and bond issuance. He asked if he was able to request all these
documents and how many departments he would have to go through to get them.
Mayor Bacon stated he could have any documents he wanted and he needed to
contact the Clerks office.
Show Cause Hearings:10.
A.Appeal of the denial of application for an alcohol servers permit for
Nabil Muzemil.
Sponsors:Blustein
Mayor Bacon requested City Administrator Eric Taylor give the background regarding
this appeal of denial of an alcohol permit by the Police Department and the License
and Variance Board. The Mayor called the applicant to the podium. Mr. Taylor gave
the background regarding the application process for this alcohol permit and its
subsequent denial.
Mr. Scott Cochran swore in Ms. Eleanor Butts from the police department and she
stated her position was Records and Permit Supervisor. Mr. Cochran asked her to
explain why the application was denied. Ms. Butts explained that he had an
outstanding warrant in Spartanburg, South Carolina as of October 17th and said that
the City Ordinance required a denial based on the outstanding issue. He also had an
FTA (failure to appear) warrant in Dekalb County that he satisfied by serving time. It
had not yet been updated to his criminal history and still showed as open. The
applicant was unable to attend the previous council meeting because of an
incarceration in Cobb County.
Mr. Cochran asked if the Council had any questions and there were none. Mayor
Bacon asked the applicant to come forward. Mr. Cochran asked the applicant to
explain why he needs this permit and why the South Carolina warrant had not been
satisfied. He said he just has not had an opportunity to take care of it and that he
needs the permit in order to work. He asked the Council to authorize the permit with
conditions. The condition being that he would have a specific time frame to go to
South Carolina and take care of the outstanding warrant. He stated he cannot satisfy
the warrant unless he had a job making money so he could pay the fines.
Mayor Bacon and Councilmember Ron Fennel reiterated that they felt the warrant
needed to be satisfied before the council would approve the permit. Councilmember
Fennel stated that the applicants outstanding matters needed to be cleared prior to
resubmitting the appeal. He stated that he needed to follow staff recommendation
and deny at this time based on history and the outstanding legal matters.
Councilmember Andrea Blustein left the bench to consult with Mr. Cochran and Ms.
Butts and when she returned, Councilmember Welch asked a question of Mr.
Cochran. He wanted to know if there was ever a time the council had an appeal
where there was an outstanding legal issues and the response was no. That is why
the situation was different. It was reiterated to the applicant that if he satisfied the
warrant in South Carolina he could come before the Council immediately and request
another appeal.
Councilmember Blustein left the bench at 9:16 PM and was absent for the vote.
Page 12City of Smyrna Printed on 11/3/2014
October 20, 2014City Council Meeting Minutes - Final
A motion was made by Councilmember Ron Fennel to follow staffs recommendation
to deny the appeal of the application for an alcohol servers permit for Nabil Muzemil,
seconded by Councilmember Charles (Corkey) Welch. The motion carried by the
following vote:
Aye:Mayor pro tem/Councilmember Pritchett, Councilmember Anulewicz,
Councilmember Welch, Councilmember Wilkinson, Councilmember
Lnenicka and Councilmember Fennel
6 -
Adjournment:12.
Mayor Max Bacon adjourned the meeting at 9:17 PM
Page 13City of Smyrna Printed on 11/3/2014