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05-15-2006 May 15, 2006 May 15, 2006 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, Administrative Assistant Tiffany Wallace, Deputy Police Chief Michael Brown and representatives of the press. Invocation was given by Reverend Joey Hatchell from Faith United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4 B (Public Hearing - Rezoning Request Z06-018 - RM-12 to RHR-Conditional- 8.84 acre tract - Valley Woods Apartments - Coro Realty Advisors, Inc.) will be tabled until the June 5, 2006 meeting and 4 D (Public Hearing - Adoption of City Zoning Map) will be tabled until the July 17,2006 meeting. MAYOR'S REPORT: - Ms. Bennett and Ms. Wallace thanked Waste Management, Community Bank of the South, Emory Adventist Hospital, Moe's Southwest Grill, Fisher Orthodontics, Wade Ford, Cohutta Water, Chick-fiI-A, John Wieland Homes, Mary Johnson Realtors, Kenny's Key Lime Pies, Marietta Daily Journal, Georgia Power and SCANA Energy for their sponsorship ofthe Jonquil City Jog. Mayor Bacon recognized Mr. Dennis Harding, Principal Kiehl Arnson and Reverend Joey Hatchell and presented a check to them for the proceeds from the 2006 Jonquil City Jog payable to the Campbell High School Educational Foundation in the amount of$7,000. Principal Arnson thanked the City's officials for their support of Campbell High School. Council Member Lnenicka recognized representatives of the American Legion Auxiliary. Council Member Lnenicka read a Proclamation in Recognition of Poppy Day to those present, and presented the Proclamation to the American Legion Auxiliary representatives. Council Member Lnenicka stated the City's Memorial Day Ceremony will be held on May 29 at the Veterans Memorial. Mayor Bacon recognized Deputy Chief Brown, and Deputy Chief Brown introduced Ofc. Flowers, Ofc. Nesbit and Ofc. Handley from the Smyrna police department to those present. Deputy Chief Brown provided details to those present concerning recognition Ofc. Flowers, Ofc. Nesbit and Ofc. Handley received from Mothers Against Drunk Drivers for their contributions to DUI enforcement operations. Deputy Chief Brown congratulated the officers on their achievements, and thanked them for the exemplary manner in which they represent the City police department. Mayor Bacon recognized Mr. Garry Osborne and students from Campbell High School who were present in connection with their government studies class. .. May 15,2006 2 Mayor Bacon stated the Downtown Development Authority meeting originally scheduled for tomorrow has been cancelled. LAND ISSUES/ZONINGS/ ANNEXA nONS: - (A) Public Hearing - Rezoning Request Z06-020 - R-15 and GC to RAD-Conditional - 2.17 acre tract - Land Lot 520 - Atlanta Road near Fleming Street - Avalon Development Partners, LLC Mr. Wright stated the applicant is requesting rezoning of the subject tract for construction of 22 townhouses and 4 single-family houses at a density of 11.98 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) and staff recommend approval of the rezoning request subject to a number of conditions. Mayor Bacon recognized Messrs. Bill Blass and Jeff Reed representing Avalon Development Partners (ADP). Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. Mr. Reed stated ADP has proposed a development near Atlanta Road and Fleming Street and has been collaborating with the City's staff to arrive at a plan which fits well in the subject area. Mr. Reed utilized graphic representations of the planned development to help explain the layout and appearance of the proposed project to the present officials. Council Member Scoggins asked what the selling prices of the single-family structures will be, and Mr. Reed stated they will range in price from about $550,000 to $650,000 each. Council Member Lnenicka asked what the selling prices of the townhouses will be, and Mr. Blass stated they will range in price from $375,000 to around $450,000 each. Council Member Lnenicka asked if there will be a homeowners association (HOA) for the development, and Mr. Blass stated there will be an HOA for the townhouses. - Mayor Bacon recognized Mr. Charles Woodham, residing at 2616 Hughes Street, and Mr. Woodham objected to the proposed density of the project. Mr. Woodham expressed the view that the proposed project has an unattractive appearance. Mayor Bacon recognized Ms. Kim, residing on Brown Circle, and Ms. Kim stated she was under the impression the PZB had recommended 20 townhouses and three single-family structures for the subject tract. Mr. Chris Miller confirmed that the PZB did recommend 20 townhouses and three single-family structures for the subject property. Mayor Bacon asked Ms. Kim if she is in favor of the rezoning request or opposed to it. Ms. Kim stated she wants her neighborhood to look nice, and expressed concerns about loss of trees there. Ms. Kim expressed the view that the proposed density for the planned project is very high. Mayor Bacon recognized Ms. Donna Woodham, residing at 2616 Hughes Street, and Ms. Woodham presented a petition to the present officials signed by persons opposed to the rezoning proposal presently under consideration. (Clerk's Note: The referenced document is appended hereto as Exhibit A) Ms. Woodham stated she advised ADP that the residents of the affected area would like to see a limited number of cottage houses built on the subject property. Ms. Woodham stated that if this rezoning is approved the quality of life of the residents there will be lowered. ... May 15, 2006 3 - Mr. Chris Miller stated that PZB can make recommendations to developers, and in this case ADP chose not to include the suggested revisions in their plans. Council Member Newcomb stated he is of the opinion that the proposal under consideration does not conform to the Future Land Use Plan. Mr. Miller provided details to those present concerning the process of formulating the Future Land Use Plan. Council Member Newcomb expressed the view that the Future Land Use Plan should be complied with, and that he believes the proposal under consideration does not. Mr. Miller stated the subject property is in a transitional area, and that the proposal under consideration seems to be consistent with the type of future land use pattern expected in the Belmont Hills region of the City. Mr. Miller stated townhouses can serve as a buffer between commercial property and single-family housing areas. Council Member Wood stated that, according to staff analysis, the proposal is suitable given the designation of Atlanta Road as an arterial thoroughfare in the City's objective to support redevelopment in the downtown area. Council Member Wood asked Mr. Miller if this analysis is consistent with the City's planning for that area, and Mr. Miller answered in the affirmative. Council Member Smith asked if a stormwater detention structure is planned for the proposed development, and Mr. Miller provided details to those present regarding stormwater detention measures which could be considered for the subject property. Council Member Smith asked what the square footage of the lots on Hill Street will be, and Mr. Blass stated the lots will comprise approximately 7,000 s.f. each. Council Member Scoggins asked Mr. Reed if ADP will accept the special conditions and applicable standard conditions of this rezoning request as formulated by staff, and Mr. Reed answered in the affirmative. At Council Member Scoggins' request, Mr. Miller read the special conditions of the rezoning request into the record as follows: Special Conditions ... 14. The side elevation of the townhouses facing Atlanta Road shall include a mixture of elements to provide architectural interest including; but not limited to: doors, windows, shutters, and juliet balconies. 15. A landscape buffer shall be provided along the western development boundary. The landscape buffer plan must provide adequate screening and be approved by the Community Development Department. 16. Trees shall be planted the entire length of Atlanta Road and Fleming Street at an average spacing of no more than 35'. 17. The right-of-way along Fleming Street and Hill Street shall be increased to 25' from the centerline. 18. The association documents shall contain a restriction such that garages are to be used for vehicle parking only. 19. The common drive for the single-family detached shall be one-way, heading west to east. 20. The single-family detached driveways shall have a minimum length of 22' from garage face to edge of common drive. ... May 15,2006 4 21. The development shall maintain the following setbacks: Single Family Detached Front (Hill Street) - 20' from existing right-of-way Rear - 20' Interior Side - 5' with a minimum of 15' between structures Exterior Side- 20' - T ownhomes Front and Major Side (Atlanta Rd & Fleming St) - 10' Rear (West Boundary) - 25' Side (South Boundary) - 10' Building front to rear - 36' MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-020 from R-15 and GC to RAD-Conditional for a 2.17 acre tract in Land Lot 520 on Atlanta Road near Fleming Street for Avalon Development Partners, LLC subject to special conditions and applicable standard conditions. The motion was seconded by Council Member Pritchett. Council Member Smith stated he will not support the proposal as presented. Council Member Lnenicka stated he would prefer to see a plan for the subject tract which would include more common space for residents. Council Member Lnenicka stated the placement of common space near Atlanta Road does not seem realistic because of traffic which would detract from the use of any common space located there. Council Member Lnenicka stated open space is necessary in order for people to have a functioning neighborhood. Council Member Lnenicka stated he will not support the proposal as presented. Council Member Newcomb thanked Messrs. Reed and Blass for their interest in building in Smyrna. Council Member Newcomb stated he will not support the proposal as presented. Council Member Newcomb stated he is of the opinion that the proposal under consideration does not conform to the Future Land Use Plan. Council Member Newcomb expressed the view that there are too many townhouses being built in Smyrna. Council Member Newcomb expressed concerns about possible loss of trees associated with the proposal and what he believes is a dearth of real amenities in the plan. Motion was approved 4 - 3, with Council Members Lnenicka, Newcomb and Smith in opposition. - (B) Public Hearing - Rezoning Request Z06-018 - RM-12 RHR-Conditional- 8.84 acre tract - Valley Woods Apartments - Coro Realty Advisors, Inc. MOTION: Council Member Scoggins made a motion to table Rezoning Request Z06-018 from RM-12 to RHR-Conditional for a 8.84 acre tract at Valley Woods Apartments for Coro Realty Advisors, Inc. until the June 5, 2006 council meeting. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 7 - O. (C) Public Hearing - Rezoning Request Z06-0 10 - R-15 to RAD Conditional - 3.03 Acre Tract - Highland Avenue - DGD Holdings, Inc. Mr. Wright stated the applicant is requesting rezoning of the subject property for construction of 11 single-family residences at a density 00.63 units per acre. Mr. Wright stated PZB voted to recommend denial ofthis rezoning request. Mr. Wright stated staff recommends approval of this rezoning request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. - Mav 15. 2006 5 - Council Member Scoggins recognized Mr. Hank Dudek, and Mr. Dudek provided details to those present concerning the redevelopment proposal by DGD Holdings, Inc. (DGD) for the subject property. Mr. Dudek stated the number of lots for the proposed development has been reduced from 12 to 11, and about 4,800 s.f. of common area is included in the plan. Mr. Dudek stated he has met with some of the residents in the subject area and has made efforts to try to address their concerns. Mayor Bacon recognized Mr. Michael Suit, residing at 2576 Highland Avenue, and Mr. Suit asked ifthe development will have an HOA and, if so, ifthe HOA will be responsible for maintaining the landscape buffer there. Mr. Dudek stated all the common areas will be maintained by the HOA. Mayor Bacon recognized Mr. Matt Duncan, residing at 2591 Highland Avenue, and Mr. Duncan expressed support for the proposed project. Mr. Duncan asked the present officials to consider installation of stop signs at the access point to the proposed development. Council Member Scoggins stated the planned access point has been moved further downhill. Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin expressed opposition to the proposed rezoning and redevelopment of the subject property. Ms. Clavin expressed the view that the development as proposed is not in character with the surrounding neighborhood and that it is in conflict with the Livable Centers Initiative (LCI) study. Ms. Clavin stated DGD should set aside a public walking easement from Marston Street. Ms. Clavin asked the present officials to deny this rezoning request. - Mayor Bacon recognized Mr. Ron Davis, residing on Roswell Street, and Mr. Davis stated he is opposed to this rezoning request. Mr. Davis stated the plan under consideration calls for creation of another dead-end street. Mr. Davis stated he believes the City's method of calculating construction density should be changed. Mr. Davis stated he believes the development as proposed is inconsistent with the LCI study. Mr. Davis stated the proposed construction will result in the loss of some specimen trees. Mr. Davis stated he does not believe the subject area is in need of redevelopment, and asked the present officials to deny this rezoning request. Council Member Scoggins asked Mr. Davis if it is correct that he supported the development proposal for Riley's Walk, and Mr. Davis answered in the affirmative. Council Member Scoggins made reference to the constitutional rights of individuals. Mr. Davis stated he does not believe one can tell people they can't sell their property, but this rezoning request can be denied and the owner of the subject property can put the property on the open market for sale. - Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward stated he wishes to speak on what the Marston Street proposal represents as a policy statement in the City of Smyrna. Mr. Ward stated RAD Conditional zoning is continually being used to the detriment of property owners who have to live with what is built after sellers leave, absentee landlords cash out and the developers pocket their profits. Mr. Ward stated the average lot size is less than 9,680 s.f. and the actual density exceeds the moderate density land use category. Mr. Ward stated very few RAD Conditional zonings meet the requirements of Section 801 of the Zoning Code with respect to lot width, setbacks and minimum lot size. Mr. Ward stated the underlying idea in RAD Conditional zoning is simply density. Mr. Ward stated RAD Conditional zoning often results in lost tree cover, lots with odd configurations and sizes, and loss of control over grading. Mr. Ward stated he believes developers are being allowed to do the planning instead of the Community Development Department. Mr. Ward stated the economic considerations of developers are not compelling reasons to allow them to change neighborhoods and leave the citizens with the results. Mr. Ward stated developers are willing to pay ever-higher May 15, 2006 6 prices for land because they believe they will recoup these costs. Mr. Ward stated the City has helped to create unreasonable expectations among many property owners regarding their property values. Mr. Ward stated he wants to see neighborhoods in the City and not subdivisions. Mr. Ward expressed the view that the idea that RAD Conditional zoning conforms with the land use plan because it calls for less than 4.5 units per acre is erroneous. Mr. Ward stated the only valid question in a rezoning action is the constitutionality ofthe existing zoning of the property. Mr. Ward stated the burden of proof is on the property owner to demonstrate that the existing zoning presents a significant detriment to the landowner and that the existing zoning is not substantially related to public health, safety, morality and welfare. Mr. Ward stated that if the property owner meets this burden of proof, then the governing authority should introduce evidence showing that the existing zoning is related to public health, safety and welfare. Mr. Ward asked the city council to deny this rezoning request and to take steps in the future to end the abuse of RAD Conditional zoning. Council Member McNabb asked Mr. Ward if it is correct that he believes this proposal should call for larger lots and that Marston Street should be opened up into Highland Avenue, and Mr. Ward stated these two changes would address some of his concerns. .... Mayor Bacon recognized Ms. Patricia Barfield, residing at 2590 Gilbert Street, and Ms. Barfield stated that opening Marston Street would affect her property. Ms. Barfield advised Council Member Scoggins she was not invited to the planning for Riley's Walk subdivision and expressed dissatisfaction with Riley's Walk (RW). Ms. Barfield stated none of the RW structures have been sold. Ms. Barfield stated the structures in the interior of R Ware not in keeping with her neighborhood. Mayor Bacon recognized Mr. Wayne Moody and Mrs. Moody, residing at 2594 Highland A venue, and Mr. Moody expressed support for the rezoning request and the proposed development. Mr. Moody stated houses are being built in the modern manner because that is what customers want. Mr. Moody stated that some old trees on his property have been inspected by a certified arborist and determined to be at or near the end oftheir normal life span. Mr. Moody stated that people who live in other areas are entitled to their opinions, but he does not see how they can presume to have any legitimate input as it pertains to this case. Mr. Moody stated that Mr. and Mrs. Marr (phonetic) have asked him to speak on their behalf in support ofthis rezoning request. Mr. Moody stated he believes the proposed development will be positive for the community, and asked the city council to support this rezoning request. - Mayor Bacon recognized Mr. Greg Martin, residing at 2568 Highland Avenue, and Mr. Martin expressed concerns about pedestrian safety in the vicinity of his residence. Mr. Martin stated he is uncertain as to why the city engineer has changed his opinion regarding the safety of opening Marston Street into Highland Avenue. Council Member Scoggins stated the city engineer has advised that traffic from Marston Street will be introduced into Highland Avenue at the crest ofa hill and that there are no sight distance problems there. Mayor Bacon stated he would be in favor of installing stop signs at Marston Street and Highland Avenue. Mr. Martin expressed the view that the development as proposed is not in character with his neighborhood. Mr. Martin stated the density of the proposed development is too high. Mayor Bacon recognized Mr. Allison Price, and Mr. Price asked the city council to approve this rezoning request. Mr. Price stated this rezoning should not concern people living several blocks away. Mayor Bacon recognized Mr. Jim Galvin (phonetic), residing at 2635 Gilbert Street, and Mr. Galvin commented favorably about the Riley's Walk subdivision. Mr. Galvin stated he supports - May 15,2006 7 this rezoning request. - Mayor Bacon recognized Ms. Cheryl Llewellen, residing at 2601 Gilbert Street, and Ms. Llewellen expressed concerns about vehicular traffic on Gilbert Street. Ms. Llewellen expressed the view that opening Marston Street into Highland Avenue will increase the risk of serious accidents. Ms. Llewellen expressed the view that 11 structures is a high number for the subject property. Ms. Llewellen stated she is not really for this development. At Council Member Scoggins' request, Mr. Miller read the special conditions of this rezoning proposal into the record as follows: Special Conditions 14. The development shall maintain the following setbacks: Front Rear Side ] 5' (from the back of sidewalk) 20' 7.5' (15' between buildings) ] 5. The right-of-way along Highland Avenue shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet is required. ] 6. The developer shall have the option to count existing specimen trees toward the minimum tree density requirements under the following conditions: a. No land disturbance occurs within the Critical Root Zone (CRZ), or; - B. Land disturbance occurs within the CRZ and a five-year tree bond or letter of credit is provided to City. This bond or letter of credit shall be equal to the replacement cost associated with the specimen tree (with 4" caliper trees), physical tree removal and an inspection by a certified arborist after the final certificate of occupancy is issued and when the bond/letter of credit is requested to be released. ] 7. All homes on Highland Avenue shall have usable front porches. 18. Where possible rear or side loaded garages will be constructed throughout the development. If front loaded garages are used, they shall be recessed from the front building line wherever possible. All homes in the subdivision shall be craftsman/bungalow style. 19. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. 20. No monument sign or entry signage shall be permitted. 21. Overstory trees shall be planted along Highland Avenue at a rate of one tree every thirty- five feet. - May 15,2006 8 22. Any tree listed as saved on the tree protection plan shall be protected during construction via hard fencing. The undisturbed buffer shall be delineated using orange cyclone fencing. - 23. Weekly inspections of the construction site shall be conducted by City staff to ensure all tree protection safeguards remain in place. Furthermore, the developer shall post work hours at the subdivision entrance and shall restrict development traffic into the neighborhood via Hawthorne Avenue. 24. A ten-foot landscaped buffer shall be installed along the development's western perimeter and the northern boundary of Lot # I. 25. Building heights shall be limited to a maximum of35' to the highest point ofthe roof. Council Member Scoggins asked Mr. Dudek ifDGD will accept the special conditions and applicable standard conditions for the rezoning as formulated by staff, and Mr. Dudek answered in the affirmative. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-010 from R-15 to RAD Conditional for a 3.03 acre tract on Highland Avenue for DGD Holdings, Inc. The motion was seconded by Council Member Pritchett. Council Member Newcomb stated he will not support this motion. Council Member Newcomb expressed concerns about the lot sizes as proposed by the developer. Council Member Newcomb stated he believes the structures as planned by the developer would not be in keeping with the surrounding neighborhood and would have an unfavorable effect on the community. Council Member Newcomb expressed concerns about the creation of more cuI-dc-sacs in the City. Council Member Newcomb stated he believes the existing zoning of the subject property has an economically viable use. Council Member Smith stated he is in agreement with Council Member Newcomb, and added that each RAD Conditional zoning application should be reviewed and considered individually. Council Member McNabb stated he agrees with Mr. Moody's view that the impact of a development should be considered primarily by the neighbors that are most closely aligned to a subject property. Council Member McNabb expressed concerns that, in the absence of a lot size minimum, larger houses are being built on smaller lots. Council Member McNabb expressed concerns about the lot sizes proposed and stated he will not support this motion. Council Member Lnenicka stated he is not troubled by the use of RAD Conditional zoning, but that specific plans should be considered. Council Member Lnenicka stated he is not troubled by the density ofthe proposed development because it is within the moderate density land use category. Council Member Lnenicka stated he believes the proposed development should connect to Riley's Walk. Council Member Lnenicka stated he is troubled by a number of elements ofthis plan as presented, and that he will not support this motion. (Clerk's Note: No further action was taken on this motion) - MOTION: Council Member Lnenicka made a motion to table Rezoning Request Z06-010 from R-15 to RAD Conditional for a 3.03 acre tract on Highland Avenue for DGD Holdings, Inc. The motion was seconded by Council Member Wood. Motion was approved 5 - I, with Council Member Scoggins opposed and Council Member Pritchett abstaining. Mr. Cochran stated that a rezoning request must be tabled to a specific date. MOTION: Council Member Lnenicka made a motion to table Rezoning Request Z06-010 from R-15 to RAD Conditional for a 3.03 acre tract on Highland Avenue for DGD Holdings, Inc. - May 15,2006 9 until the June 19,2006 council meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 7 - O. - (D) Public Hearing - Adoption of City Zoning Map MOTION: Council Member Newcomb made a motion to table adoption of City Zoning Map until the July 17,2006 council meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of May 1,2006 minutes (B) Approval of May 8, 2006 minutes for special called meeting - (C) Approval of use of council chambers for a meeting of the Heights of Spring Road Homeowners Association on Tuesday, May 30, 2006 (0) Approval of Amendment to Section 1-8 General Penalty of the City of Smyrna Code of Ordinances *(E) Approval of use of council chambers for a Ward 2 meeting on Wednesday, May 24, 2006 from 6:30 p.m. until 10:00 p.m. *MOTION: Council Member Newcomb made a motion to suspend the rules to add an item to the consent agenda. The motion was seconded by Council Member McNabb. Motion to suspend the rules was approved 7 - O. *MOTION: Council Member Newcomb made a motion to add item 8 E (Approval of use of council chambers for a Ward 2 meeting on Wednesday, May 24,2006 from 6:30 p.m. until 10:00 p.m.) to the consent agenda. The motion was seconded by Council Member McNabb. Motion to add an item to the consent agenda was approved 7 - O. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - Mav 15,2006 10 COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning the upcoming holiday sanitation services schedule and recent Public Works Department projects. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk thanked the Keep Smyrna Beautiful (KSB) volunteers who came out to perform clean-up tasks in the City on April 22. Ms. Kirk stated used athletic shoes without ferrous components are now being collected at the Recycling Center for the purpose of recycling; Ms. Kirk added that any shoes collected in serviceable condition will be donated to MUST Ministries. Ms. Kirk stated that plastic bags can also be brought for recycling now. - Council Member Newcomb recognized Mr. Chris Miller, and Mr. Miller had no report. Council Member Scoggins yielded the floor with no report. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett commented favorably about the concert last Saturday. Ms. Bennett provided details to those present concerning the upcoming Memorial Day ceremony. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning current use statistics and recent and upcoming programs and events at the City Library. Council Member Lnenicka reported that 171 books have been acquired by the City Library in memory of his late father Dr. Bill Lnenicka. Council Member Lnenicka thanked everyone who contributed resources for the acquisition of these books. Council Member McNabb stated that the acquisition of these books by the City Library is a wonderful tribute to Dr. Lnenicka. - Council Member McNabb congratulated Mr. Ciaccio on receiving an award at this evening's Mayor's Education Awards ceremony. Mr. Ciaccio provided details to those present regarding upcoming Parks and Recreation Department events. Council Member McNabb provided details to those present concerning the opening ceremony at the new emergency room expansion at Emory-Adventist Hospital. Council Member McNabb commented favorably about the new expansion. Council Member McNabb thanked the members of the Grace Meadows HOA for inviting him to their recent meeting to discuss matters of mutual interest and concern in the community. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. Council Member Lnenicka commented favorably about the opening ceremony at the new emergency room expansion at Emory-Adventist Hospital. Council Member Lnenicka stated this emergency room facility is a great resource for the Smyrna community. Council Member Lnenicka provided details to those present concerning the Smyrna Garden Tour planned for this Saturday by the Bennett Woods Garden Club. Council Member Lnenicka stated the proceeds ofthis event will benefit the Calvary Children's Home and MUST Ministries. - May 15, 2006 11 Council Member Lnenicka congratulated Georgia Tech Coach Brian Shelton for the achievements ofthat institution's women's tennis team under his leadership. - Council Member Lnenicka stated there will be an interment service for his father's remains at the Georgia National Cemetery on Wednesday. Council Member Lnenicka thanked everyone for their kindness and concern during this difficult time. Council Member Wood stated Mr. Boyd is away on business. Council Member Wood stated that work on the new City budget is continuing. Mayor Bacon stated the City's flags are at half staff in observance of Peace Officers Memorial Day and National Police Week. Mayor Bacon stated the Downtown Development Authority meeting scheduled for this week has been cancelled. Mayor Bacon congratulated the students, teachers and volunteers who were recognized tonight at the Mayor's Education Awards ceremony. Mayor Bacon provided details to those present concerning a young student who unfortunately passed away before he could attend the ceremony. Mayor Bacon commented about the importance of education in this community. Mayor Bacon recognized Cobb County School Board candidate Mr. Patrick Stafford and thanked him for attending this meeting. CITIZENS INPUT: There was none. ADJOURNMENT: - With no further business, the meeting was adjourned at 11 :00 p.m. - May 15,2006 /ar~ A. MAX BACON, MAYOR BILL SCOGGINS, WARD 3 ~l~D'~~ 12 - ~~T~~~ / ~~ J~-l-- RON NEWCOMB, WARD 2 / fL WADE S. LNENICKA, WARD 6 - - ORDINANCE No. 2006-13 ... AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 1, GENERAL PROVISIONS, SECTION 1-8, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO REFLECT CHANGES IN PENALTIES FOR VIOLATIONS OF THE CITY OF SMYRNA CODE OF ORDINANCES AND OTHER PROSCRIBED ACTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 1, General Provisions, Section 1 - 8, General penalty, City of Smyrna, Georgia, be amended to read as follows: - "(a) Except for punishments permitted by Section 98-2 of this Code, whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or a misdemeanor or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, such violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding $1,000.00; by sentence of imprisonment in the City jail not exceeding six (6) months; probation, with or without conditions, not exceeding six (6) months; community service not exceeding thirty (30) days; by attendance at risk-reduction or other traffic school or by one or more of these punishments as the judge may in his discretion see fit to Impose. (b) Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense." 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. ... ORDINANCE No. 2006-13 Approved by Mayor and Council this 15th day of May, 2006. - A. Max Bacon, Mayor Attest: ". '- ..t(l /' i. (\~ Susan D. Hiott, City Clerk City of Smyrna \, - Approved as to form: U Scott A. Cochran, City Attorney - 2