08-07-2006 August 7,2006 x« iusL7, 2006
The regular scheduled meeting of Ma\or 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 mcmhemwere present. Also present were Ci City Clerk
Susan Hiott, Ci Attorney Scott Cochran, HncChiu[]usmn Lanyon and representatives of the
prers.
Invocation was given by Reverend Larry Reid from Redemption Life Fellowship, followed by the
pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated agenda items 4 A [public Hearing—Amendment to Chapter 106, Article II
of the Zoning Code (trees and vegetation)l and 4B [Public Hearing—Amendment to Section 801
of the Zoning Code (RAD Conditional development standards)] will be tabled.
MAYOR'S REPORT:
Council Member Lnenicka recognized Chief Lanyon and Firefighter Arcelio Davis. Council
Member Lnenicka commented favorably about Firefighter Davis' military service and thanked
him for his service to the natioii. Firelighter [)avis thanked everyone for their support during his
tour of duty with the National Guard in Iraq. Chief Lunyon thanked FircfiuhterDavis for the flag
he presented to the City fire department. and commented'favorably about Firefighter Davis'
character and professional isni.
LAND ISSUES/ZONING/ANNEXATION:
(A) Public Hearing — Amendment to Chapter 106, Article |i of the Zoning Code (trees and
vegetation)
MOTION: Council Member Newcoiiib made a motion totable Amendment to Chapter 106,
Article 11 of the Zoning Code regarding trees and vegetation indefinitely. The motion was
seconded by Council Member Pritchett. Motion to table the measure was approved 7 — 0.
(B) Public Hearing — Amendment to Section 801 of the Zoning Code ([l/\D Conditional
development standards)
MOTION: Council Member Newcoinb iiiadc a motion to table Amendment to Section 801 of the
Zoning Code relating to RAD Conditional development standards indefinitely. The motion was
seconded by Council Member Pritcheu, Motion to table the measure was approved 7—0.
PRIVILEGE LICENSE:
(A) Puh|ic Hearing— Privi)cAc6cmmcoqxcg—ro1ai| pnuring(bcerundvvinc)— Fortunuto
Foods, Ltd. DBA Fortunato's Piiieria 5350 United Drive, Suite 106 — Michael
Fortunato, agent applicant
Mr. Wright stated Mr. Fortunato has completed the responsible alcoholic beverage sales and
service class required for new license !molders. Mr. Wright stated inquiry by the City police
department has disclosed no information which would preclude issuance of the requested license.
August 7,2006 2
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Mr. Fortunato, and asked Mr. Fortunato if he is familiar with
and understands the City's regulations governing alcoholic beverage sales, and Mr. Fortunato
answered in the affirmative.
MOTION: Council Member Wood made a motion to approve the privilege license request for
retail pouring of beer and wine for Fortunato Foods, Ltd. DBA Fortunato's Pizzeria at 5350
United Drive, Suite 106 for Michael Fortunato as agent. The motion was seconded by Council
Member Smith. Motion was approved 7 0.
FORMAL BUSINESS:
(A) Adoption of the 2006 tax millage rate for the City of Smyrna
Mr. Wright stated the 2005 tax millage rate for Smyrna was 9.57 mi/s. Mr. Wright stated the
proposed 2006 millage rate is 9.17 mils. which is a reduction of.40 mils. Mr. Wright stated
this is the sixteenth consecutive year that the millage rate has either stayed the same or was
lowered.
MOTION: Council Member Wood made a motion to approve the 2006 tax millage rate of 9.17
mi/s. The motion was seconded by Council Member Smith. Motion was approved 7—0.
(B) Approval of name change for apartment complex— 1202 Wexford Hills Parkway
Mr. Wright stated the management of the Wexford Hills apartments is requesting to change the
name of the complex to Keeneland Mr. Wright stated the request has been reviewed by
the fire marshal, building inspector and city engineer and that staff recommends approval of the
request.
MOTION: Council Member Lnenicka made a motion to approve the name change request for the
apartment complex at 1202 Wexford l tills Parkway to Keeneland Farms. The motion was
seconded by Council Member Wood. Motion was approved 7—0.
(C) Ordinance amendment- Sec. 2-1, Appointing replacement of suspended official
Mr. Wright stated State law provides that officials suspended from duty are to be replaced by the
governor unless the municipality has an ordinance or resolution in place that provides otherwise.
Mr. Wright stated the proposed ordinance will allow the mayor and council to select replacements
for suspended officials.
MOTION: Council Member Wood made a motion to approve ordinance 2006-18, Sec. 2-4,
Appointing replacement of suspended official. The motion was seconded by Council Member
Lnenicka. Motion was approved 7 0.
COMMERCIAL BUILDING PERMITS:
There were none.
August 7,2006 3
CONSENT AGENDA:
(A) Approval ofJuly 17, 2006 minutes
(B) Ratification of letter from the Mayor to the Georgia Department of Public Safety
requesting renewal of the Cit} of Smyrna's permit for use of speed detection devices by
the City police department
This letter is required for rene yal of permits for use of speed detection devices on
approved streets and roadways in the City of Smyrna.
(C) Change Order request to provide the Winter Construction Company authority to proceed
with added selective demolition work at the Brawner Hospital Building
In accordance with council approval at the Committee of the Whole meeting of July 24,
provide bond referendum funds earmarked for hospital building renovation to continue
demolition work as needed.
(D) Approval of change order for engineering services—Concord Road concept and database
survey
This change order will allow the engineering firm to provide a revised concept for a
public hearing and gather all of the data required for engineering design. The City
Engineer and our program management firm Croy-MSE recommend approval of this
change order with ARCADIS.
(E) Approval of change order for engineering services—Campbell Road Bridge Replacement
concept and database survey
This change order will allow the engineering firm to provide a concept and gather all of
the data required for engineering design. The City Engineer and our program
management firm Croy-MSE recommend approval of this change order with J B Trimble,
Inc.
(F) Approval of special event in the Market Village on Thursday, August 31,2006
Atkins Park Tavern, Vintage Tavern/Zucca, and 790 The Zone (Sports Talk) are
proposing the Event for the Market Village for the purpose of"Pigskin Palooza& ESPN
College Game Day." This is the second year for this event, but this year includes a well-
known band. Sponsors are requesting permission for activities in the fountain area and
the top(Atlanta Road entrance)section of the Market Village for entertainment, food,
and beer sales. Sports Talk- 790 The Zone are event organizers—working with Atkins
Park Tavern. Event duration is 4:00 p.m.— 11:00 p.m. (Band stopping at 10:45 p.m.).
Atkins Park Tavern has requested consideration for event to expand further into the
Market Village through pedestrian traffic and street closure.
Approval of this event is recommended with requirements that organizers hire specified
number of police officers, pay special attention to noise levels,take particular care in
cleanup during and after the event and that vigilance is exercised to prevent underage
drinking.
MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The
motion was seconded by Council Member Wood. Motion was approved 7—0.
August 7,2006 4
COMMITTEE REPORTS:
Council Member Pritchett commented favorably about Firefighter Davis and his military service
to the nation. Council Member Pritchett commented favorably about the City Birthday
Celebration last Saturday.
Council Member Newcomb commended the City police department for apprehending a suspect in
connection with an incident on Spring Road which occurred recently. Council Member
Newcomb commented favorably about former City community development director Chris
Miller.
Council Member Scoggins commented favorably about the City Birthday Celebration last
Saturday and commended the members of the City staff who helped make this event a success.
Council Member McNabb commented favorably about the City Birthday Celebration last
Saturday and the diligence showed b} the Parks and Recreation staff during this event. Council
Member McNabb commented favorably about the late Ms. Linda Crumley who bequeathed a
considerable sum to the Friends of the Smyrna Library. Council Member McNabb stated this gift
will be used to sustain the children's reading program and other worthwhile programs at the City
Library. Council Member McNabb stated two additional stained glass windows will be dedicated
in Ms. Crumley's honor.
Council Member Smith thanked the members of the City's staff who helped make the City
Birthday Celebration a success.
Council Member Lnenicka stated he agrees with comments made by the other officials, and
yielded the floor with no further report.
Council Member Wood thanked McEntvre's Bakery for providing the cake at the City Birthday
Celebration. Council Member Wood commented favorably about this event.
Ms. Hiott reminded everyone to vote tomorrow.
Mayor Bacon thanked McEntyre's Batter■, Colonial Bank, Waste Management and Northwest
Exterminators for sponsoring the City Birthday Celebration. Mayor Bacon commented favorably
about this event.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Alex Bacl:ry, residing at 3459 Shawnee Trail, and Mr. Backry
expressed views regarding tree preservation in the City and made suggestions for possible
changes to the City's tree preservation regulations.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:05 p.m.
August 7,2006
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A. MAX BACON, MAYOR
MELLENY PRITCHETT, WARD 1
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CHARLES PETE WOOD, WARD 7
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R'6N NEWCOMB, WARD 2
ORDINANCE No. 2006-18
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY THE ADDITION OF SEC. 2-4
APPOINTING REPLACEMENT OF SUSPENDED OFFICIAL
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Chapter 2, Administration, City of Smyrna, Georgia, be amended by the
addition of Sec. 2-4, appointing replacement of suspended official.
Sec. 2-4, "appointing replacement of suspended official"
(1) Following indictment of any elected official of the City of Smyrna for any offense which
causes the official to be suspended from office pursuant to state law, the mayor and
council of said city of Smyrna shall have the right to appoint a replacement for the
suspended official during the temporary vacancy of the office.
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(2) Upon initial conviction of any elected official of the City of Smyrna which causes the
official to be suspended from office pursuant to state law, the mayor and council of said
city of Smyrna shall have the right to appoint a replacement for the suspended official
during the temporary vacancy of the office.
All ordinances, parts of ordinances, or regulations Tn conflict herewith are
repealed as of the effective date o.lthis ordinance.
Severability: Should any section o.l 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.
Approved by Mayor and Council tbis 7" day Of::p~ ~
A. Max Bacon, Mayor
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san D. Hiott, City Clerk
City of Smyrna