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09-15-2008 September 15, 2008 September 15, 2008 - 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, Assistant City Administrator Eric Taylor, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Finance Director David Boyd, Community Development Director Ken Suddreth, Police Chief Stan Hook, Personnel Officer Carol Lincoln, Parks and Recreation Director Steve Ciaccio, Community Relations Director Jennifer Bennett, Assistant Fire Chief Sam Wehunt, Intern Monica Jones and representatives of the press. Invocation was given by Pastor Josh Laxton from Life Point Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated Variance Request V08-028 for 2626 Evergreen Trail will be tabled. MAYOR'S REPORT: Mayor Bacon recognized Mr. Hunter Hill, and Mr. Hill provided details to those present concerning his election campaign for the State senate. Mayor Bacon recognized Mr. Bob Ott, and Mr. Ott provided details to those present concerning his election campaign for a post on the Cobb County Board of Commissioners. - LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing- Variance Request V08-028 - Reduction of the minimum side setback from 10' to 5' - 2626 Evergreen Trail - Barina Lodin Aurah Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Smith made a motion to table Variance Request V08-028 for reduction of the minimum side setback from 10' to 5' at 2626 Evergreen Trail for Barina Lodin Aurah until the October 6, 2008 meeting. The motion was seconded by Council Member Wood. Motion to table was approved 7 - O. PRIVILEGE LICENSE: (A) Public Hearing - Retail pouring of beer, wine and liquor - Sidelines Franchise Group DBA Kayson's Grille - 3150 Highlands Parkway, Suite 101 - Adam Katzenstein, applicant Mr. Wright stated the applicant has completed the responsible alcoholic beverage sales and service class as required. Mr. Wright stated inquiry has disclosed no information which would preclude issuance of the requested license. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. September 15.2008 2 Council Member Wood recognized Mr. Katzenstein, and Mr. Katenstein provided details to those present concerning the business he plans to operate. Council Member Lnenicka advised Mr. Katzenstein that local authorities will, from time to time, conduct undercover inquiries to help gauge the compliance of local businesses licensed to sell alcoholic beverages with pertinent regulations. - MOTION: Council Member Wood made a motion to approve privilege license for retail pouring of beer, wine and liquor for Sidelines Franchise Group DBA Kayson's Grille at 3150 Highlands Parkway, Suite 101 for Adam Katzenstein as agent. The motion was seconded by Council Member Smith. Motion was approved 7 - O. FORMAL BUSINESS: (A) Livable Centers Initiative (LCI) Study Five Year Update Mr. Wright stated the LCI study was done in 2003 to examine development-related transportation improvements in the northern section of the City. Mr. Wright stated this update will help ensure the City's eligibility for future funding. Council Member Newcomb recognized Mr. Suddreth, who provided additional details to those present regarding the LCI five-year report. MOTION: Council Member Newcomb made a motion to approve a resolution in support of the LCI five-year action plan. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (B) Approval of proposed Water Rate -- Mr. Wright stated the Cobb-Marietta Water Authority has raised the wholesale water rate by a factor of 3 8% with an effective date of October 1, 2008 with a corresponding increase in sewer rates. Mr. Wright stated staff recommends a 5% increase in City water and sewer rates to cover this additional cost. MOTION: Council Member Wood made a motion to approve a 5% increase in City water and sewer rates effective with the November 2008 billing statement. The motion was seconded by Council Member Newcomb. Motion was approved 7 - o. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of September 2, 2008 minutes (B) Approval of use of council chambers on October 1, 2008 from 6:00 - 9:00 p.m. for a Ward 6 meeting (Paces Ferry North HOA) (C) Mayor and Council approve Fire Chief to sign addendum of the mutual aid agreement between City of Smyrna and Cobb County - September 15, 2008 3 (D) Proposal for Utility Statement Printing and Mailing (E) Proposal of abandonment of City Right of Way located between 3680 and 3700 Lake Drive and authorize the conveyance of such property to adjoining property owners who notify the City of a desire to accept the conveyance on or before November 3, 2008 with such conveyance being made by quit claim deed reserving access in favor of 3680 Lake Drive - MOTION: Council Member McNabb made a motion to approve the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 7 - o. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Miller, who provided details to those present concerning recent court services operations. Council Member Pritchett reminded everyone that people who fail to appear for court dates are considered to be in contempt of court. Council Member Pritchett commended the operators of the BP station on Cobb Parkway for maintaining gasoline prices close to pre-storm levels. Council Member Pritchett asked everyone to be mindful of the people in the Gulf Coast region of Texas who have been displaced by recent storms and who are presently experiencing many difficulties. Council Member Newcomb recognized Mr. Suddreth, who had no report. - Council Member Anulewicz recognized Ms. Lincoln, who had no report. Council Member McNabb recognized Mr. Stokes, who provided details to those present concerning recent Public Works Department projects. Mr. Stokes reported that the department has succeeded in reducing gasoline consumption by 10% and diesel fuel use by 8% and that a month's supply of fuel is currently on hand. Council Member McNabb recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning an upcoming sales tax break on efficient plumbing fixtures and appliances. Ms. Kirk provided details to those present concerning upcoming clean-up projects. Ms. Kirk stated the City Recycling Center now accepts electronics for recycling. Council Member McNabb commented favorably about the Mayor's work session with local school principals. Council Member Smith recognized Ms. Bennett, who provided details to those present concerning upcoming City concerts and events. Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning use statistics and current and upcoming programs and events for the City Library. Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning Parks and Recreation Department activities. - Council Member Lnenicka stated Chief Hook and Assistant Chief Wehunt have no reports. Council Member Lnenicka provided details to those present concerning efforts by the City to monitor local gasoline prices in order to detect possible profiteering in the aftermath of recent Gulf Coast storms. Council Member Lnenicka reminded everyone about the upcoming Paces Ferry North HOA meeting. September 15.2008 4 Council Member Wood recognized Mr. Boyd, who provided details to those present regarding property tax matters. Mr. Wright stated the 2008 property tax bills reflect the Homeowner Tax Relief enacted by the General Assembly. Mr. Wright stated there is a proposal by Governor Perdue to eliminate this tax break. - Mayor Bacon reminded those present about the upcoming SPLOST referendum. CITIZENS INPUT: Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 1078 Oakview Drive, and Ms. Kirkendoll expressed concerns about persons living in this country illegally. Ms. Kirkendoll provided details to those present concerning recent criminal activity involving illegal immigrants. Ms. Kirkendoll expressed the view that persons detained by the City should be checked to determined whether or not they are here legally, and ifthey are not, appropriate authorities should be notified. Ms. Kirkendoll enumerated the unfavorable effects on the local community she believes are attributable to illegal immigration. Mayor Bacon recognized Mr. Schubert, residing at 2248 Austin Lake Drive, and Mr. Schubert stated that he and other residents of his community were not aware of the proposed right-of-way abandonment approved at this meeting. Mr. Schubert stated he believes this proposal may affect some of the nearby residents. Mayor Bacon asked Mr. Schubert to contact Mr. Wright regarding this matter. ADJOURNMENT: - With no further business, the meeting was adjourned at 8: 15 p.m. - - ) 02 - - September 15.2008 5 ~~~ ~' a { //\7.~ vJ~ RON NEWCOMB, WARD 2 Resolution # R2008-8 A RESOLUTION OF THE CITY OF SMYRNA TO ADOPT A FIVE-YEAR UPDATE TO THE LIVABLE CENTERS INTITATIVE (LCI) ACTION PLAN - WHEREAS, the City of Smyrna received a grant from the Atlanta Regional Commission (ARC) in 2003 to conduct a Livable Centers Intiative (LCI) Study; and WHEREAS, the LCI study was conducted in 2003 and resulted in the development of the Smyrna Town Center Livable Centers Intiative Document, which the Mayor and Council adopted on January 20, 2004; and WHEREAS, the five-year update of the LCI Action Plan is necessary to continue Smyrna's participation in the LCI program; and WHEREAS, the City of Smyrna has prepared a five-year update to the LCI Action Plan that reports the progress of implementation of the projects recommended in the 2003 plan and revises the Action Plan tin response to the developments that have taken places within the LCI area. NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Smyrna do hereby adopt the attached Five-Year Update to the Smyrna Town Center Livable Centers Initiative. - RESOLVED by the Mayor and Council of the City of Smyrna this 15th day of September 2008. ATTEST: By:~t).W~ Susan D. Hiott, City Clerk A. Max Bacon Approved as to Form j~- ~ SCott A. Cochran, City Attorney -,., -