06-03-2019 June 3, 2019 Mayor and Council Meeting Minutes - SIGNED - LFMonday, June 3, 2019
City of Smyrna
Meeting Minutes - Final
City Council
2800 King Street
Smyrna, Georgia 30080
7:00 PM Council Chambers
Roll Call
Present: 8 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Maryline
Blackburn, Councilmember Andrea Blustein, Councilmember Charles
Welch, Councilmember Susan Wilkinson, Councilmember Tim Gould and
Councilmember Ron Fennel
Also Present: 9 - Tammi Saddler Jones, Scott Cochran, Kristin Robinson, Jared Sigmon,
Russell Martin, Terri Graham, Dat Luu, Tina Monaghan and Landon O'Neal
Call to Order
Mayor A. Max Bacon called the June 3, 2019 Mayor and Council meeting to order at
7:00 PM.
1. Invocation and Pledge:
Pastor Harold Thomas III, Shiloh Seventh -day Adventist Church (810 Church St)
delivered the Invocation.
Assistant Troop Leader Jeff Greenbaum, his son Ian Greenbaum, and his daughter Ella
Greenbaum from Troop 631 led all in the Pledge of Allegiance.
2. Agenda Changes:
Agenda item 4A will be tabled to the June 17, 2019 Mayor and Council meeting at the
request of the applicant.
3. Mayoral Report:
There was no Mayoral Report.
4. Land Issues/Zonings/Annexations:
A. Public Hearing - Zoning Request Z19-005 - Rezoning from R-15 to
R-10 Conditional for four single family homes at a density of 3.72 units
per acre - 1.17 acres - Land Lot 561 - 1420 and 1430 Roswell Street - M.
Junger Homes LLC. This item will be tabled to June 17, 2019
meeting at the request of the applicant.
S o� nsors: Blackburn
Councilmember Maryline Blackburn made a motion to table Zoning Request Z19-005 -
Rezoning from R-15 to R-10 Conditional for four single family homes at a density of
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City Council Meeting Minutes - Final June 3, 2019
3.72 units per acre - 1.17 acres - Land Lot 561 - 1420 and 1430 Roswell Street - M.
Junger Homes LLC. to June 17, 2019 Mayor and Council meeting at the request of the
applicant. Councilmember Susan Wilkinson seconded the motion to table.
The motion to table was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
5. Privilege Licenses:
A. Public Hearing - Privilege License Request LIC2019-12 - Beer Pouring -
3240 South Cobb Drive STE 1100 - Pita Hospitality 3 LLC dba Pita
Mediterranean Street Food with Raineesh Suruni as agent.
Sponsors Blackburn
City Administrator Tammi Saddler Jones provided the background information.
Raineesh Suruni will be the registered agent responsible for the sale of alcohol at the
referenced location. Raineesh Suruni has been given a copy of the Alcoholic Beverage
Ordinance and attended the mandatory alcohol awareness workshop. Raineesh Suruni
has agreed to abide by the guidelines set forth by the City of Smyrna ordinance
governing the sale of alcohol. A background investigation conducted by the Smyrna
Police Department failed to reveal information that would preclude issuance of this
license. Staff recommended approval of a privilege license for the sale of beer (retail
pouring).
Mayor Bacon announced the Public Hearing, and no one came forward to speak.
Councilmember Blackburn spoke with the applicant in regards to the business as well
as reiterating the importance of the information that was covered in the required class
regarding the sale of alcohol.
Councilmember Maryline Blackburn made a motion to approve Privilege License
Request LIC2019-12 - Beer Pouring - 3240 South Cobb Drive STE 1100 - Pita
Hospitality 3 LLC dba Pita Mediterranean Street Food with Raineesh Suruni as agent.
Councilmember Charles "Corkey" Welch seconded the motion to approve.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
6. Formal Business:
A. 2019-1 av Adoption of the Fiscal Year 2020 Budget
Si)onsors: Welch
City Administrator Tammi Saddler Jones advised Mayor and Council as to the
background on the Fiscal Year 2020 proposed budget. A public input session was
held February 11 th at the Community Center to get feedback prior to the start of the
budget process. There was also a public hearing for the FY 2020 proposed budget on
Monday, May 20th. The total budget, as proposed, is $92,421,338. The General Fund
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budget is $52, 651, 725, Special Revenue Funds are $4, 772, 516, Capital Project Funds
are $11, 647, 612, Internal Service Fund is $1,105, 775 and the Enterprise Funds are
$22, 243, 710. The Finance Director and the City Administrator recommended approval
of the proposed fiscal year budget to begin on July 1, 2019.
Councilmember Fennel, Chair of the Finance Committee, spoke of the budget process
and that some areas that will need to be monitored due to changes on the State level
from the General Assembly. He noted that the number of employees added in the new
year will depend on the cash flow available as well as the state of long term
obligations.
Councilmember Ron Fennel made a motion to approve and adopt the Fiscal Year 2020
Budget with a second by Councilmember Derek Norton.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
B. ORD2019-12 Approval of a code amendment to Section 6-2 of the City's Alcoholic
Beverage Ordinance eliminating the requirement for an enclosure around
the outdoor seating areas of licensed pouring establishments in the
restaurant districts - City of Smyrna
Sponsors: Gould
Ms. Tammi Saddler Jones reviewed the pertinent information for this agenda item. The
Community Development Department has received a request from the developers of
The Eddy at Riverview Landing to remove the required fencing around the outdoor
seating area of the licensed pouring establishments. The immediate area around The
Eddy and along the Chattahoochee River have been designated as a restaurant district
by the City. The Alcoholic Beverage Ordinance as written today, requires outdoor
seating areas to be enclosed by a fence, wall, hedge or other approved devices and for
all patrons to enter through the main premises, which conflicts with the intent of the
restaurant districts. Community Development has developed a code amendment to
exempt businesses with a pouring license located within a restaurant district from the
requirement for an enclosure around the outdoor seating area. The City Attorney has
reviewed the proposed code amendment. Community Development recommended
approval.
Councilmember Gould stated that the change to the ordinance makes sense as the
City moves forward with the restaurant district concept.
Councilmember Tim Gould made a motion to approve ORD2019-12 a code amendment
to Section 6-2 of the City's Alcoholic Beverage Ordinance eliminating the requirement
for an enclosure around the outdoor seating areas of licensed pouring establishments
in the restaurant districts - City of Smyrna. Councilmember Ron Fennel seconded the
motion to approve.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
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7.
8.
A.
B.
C.
D.
9.
Commercial Building Permits:
There were no Commercial Building Permits.
Consent Agenda:
Ms. Tammi Saddler Jones read aloud the consent agenda.
Councilmember Tim Gould made a motion to approve the consent agenda as read
aloud by City Administrator Tammi Saddler Jones. Councilmember Maryline
Blackburn seconded the motion to approve.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
2019-187 Approval of the May 20, 2019 Mayor and Council Meeting minutes.
2019-188 Approval of the May 20, 2019 Pre -Council Meeting minutes.
2019-189 Approval of the May 16, 2019 Committee of the Whole Meeting Minutes.
2019-186 Approve the closing of the following streets for the Smyrna Parks and
Recreation's Movie Night: King Street from Bank Street to Village Green
Circle, entire Village Green Circle from Atlanta Rd. from 6:30 p.m. - 10:00
p.m. on Saturday, June 29, 2019.
Sponsors: Wilkinson
Committee Reports:
Ms. Maryline Blackburn thanked everyone who came out to the Memorial Day
ceremony that took place on Monday, May 27, 2019. She announced the upcoming
first concert of the summer series featuring the Sugar Lime Blue Band which will take
place on Saturday, June 8, 2019 beginning at 7:OOpm.
Mr. Charles "Corkey" Welch gave some update information regarding the bike trail
project at North Cooper Lake Park. Construction should begin between July 1 through
the July 15 with completion sometime in September.
Mr. Tim Gould reviewed some statistics from the recent Campbell High School
graduation. There were 611 graduates which is the most ever and 308 of those
graduated with honors. Graduates received over $14 million dollars in scholarship
money toward college. Forty-seven students will be the first in their family to go to
college. Over two thirds of the graduating class will attend either a two year or four
year college and thirty students enlisted in the military.
Mr. Ron Fennel spoke of the graduating class of Whitefield Academy and their many
accomplishments. He thanked the staff for their time and effort in putting together the
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City Council Meeting Minutes - Final June 3, 2019
Fiscal Year 2020 budget as well as the public for their input during the process.
Ms. Tammi Saddler Jones thanked the staff for their hard work on the budget and
welcomed back Budget Officer Jered Sigmon who returned from paternity leave.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
There were no Show Cause Hearings.
Mr. Alex Backry, 3459 Shawnee Trail, invited the Mayor and any other Mayoral
candidate to a debate in the Community Center. He hopes this will increase the
number of voters that participate in the upcoming election. Mr. Backry made
comments regarding the Windy Hill project.
Mr. George Mercurus, 5000 Ridgehurst Drive, signed up to speak about the land use
map. There is a storage facility being built near his property and he feels that the land
could have been used for something that would have raised property values rather than
cause a potential decline in the value.
Mayor Bacon adjourned the June 3, 2019 Mayor and Council meeting at 7:27 PM.
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City of Smyrna Page 5 Printed on dH312019
MAYOR AND COUNCIL MEETING
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Ordinance 2019-12
Amendment to Chapter 6
Alcoholic Beverages
CITY OF SMYRNA ORDINANCE 2019-12
ORDINANCE TO AMEND CHAPTER 6 "ALCOHOLIC BEVERAGES,"
SECTION 6-2 "DEFINITIONS" PREMISES ADDING (2) AND RENUMBERING 2-4 OF
THE CODE OF ORDINANCES OF THE CITY OF SMYRNA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding the sale of alcoholic beverages, Chapter 6, Alcoholic Beverages, Section
6-2 — "Definition" "Premises" by adding (2) and renumbering existing (2) to (3) and (3) to (4)
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendment:
1.
Chapter 6, Alcoholic Beverages, Section 6-2, "Definitions" "Premises" of the Code of
Ordinances of the City of Smyrna, Georgia is hereby amended to read as follows:
Sec. 6-2 Definitions
Premises means the definite closed or partitioned -in locality, whether room, shop, or building
wherein alcoholic beverages are sold, and may include an attached patio or deck when:
(1) It is separated from the general public by a permanent wall, fence, hedge or similar
approved device, and access to the patio or deck is limited only through the main
premises;
(2) If the premises is located within a designated restaurant district; as described in
Section 6-46, the premises shall be exempted from the separation and access
requirements for attached patios or decks described above;
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Ordinance 2019-12
Amendment to Chapter 6
Alcoholic Beverages
(2) Q The location of the patio or deck does not encroach upon any sidewalk, right-of-
way, or other common area customarily used for ingress, egress, pedestrian or
vehicular traffic; and
(3) (4) The location and plans shall first have been approved by the city building
inspector and fire marshal.
Use of a patio or deck as a part of the premises shall be suspended or revoked when its use
interferes with other uses in the vicinity or becomes in any way a public nuisance.
2.
Severability. Should any court of competent jurisdiction declare any section or part of
this Ordinance invalid or unconstitutional, 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.
3.
Repeal of Conflicting Provisions. All ordinances, parts of ordinances, or regulations in
conflict herewith are repealed.
4.
Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances,
City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish
such intention.
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This Ordinance shall take effect and be in force from and after the day of its adoption, the
public welfare demanding it.
Ordinance 2019-12
Amendment to Chapter 6
Alcoholic Beverages
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 3rd day of June 2019.
Max Bacon, Mayor
Attest:
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Terri Graham, City Clerk
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As form:
Scott Cochran, City Attorney
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