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07-19-2010 July 19, 2010July 19, 2010 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m. All council members were present except Council Me-nbers Teri Anulewicz, Mike McNabb and Jimmy Smith. Also present were City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community Development Director Ken Suddreth, Police Chief Stan Hook, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Finance Director David Boyd, Human Resources Director Kay Bolick, Management Fellow Jered Sigmon, Assistant City Administrator Ta-nmi Saddler and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated the land use matters on the agenda will be tabled, as well as the privilege license request. MAYOR' S REPORT: (A) Presentation of the 2010 Preservation Award from Georgia Trust for Brawner Hall Mr. Ciaccio introduced Mr. Mark McDonald, representing the Georgia Trust for Historic Preservation, and Mr. McDonald presented the Excellence in Rehabilitation Award to the City for restoration of the Brawner Hall property. Mr. McDonald stated sixteen projects across the State were considered for this award, and Smyrna's outstanding work was adjudged to be the best of the contenders. Mr. McDonald commended. the City for undertaking this rehabilitation project to preserve a historic structure, and observed that Brawner Hall is still serving a useful purpose in the community. Mayor Bacon expressed the view that preserving Brawner Hall is one best decisions the City has made, and urged everyone to visit this landmark. (B) Proclamation in Recognition of Americans with Disabilities Act 20th Anniversary Council Member Lnenicka recognized Mr. Scott Keithley, and read a Proclamation in Recognition of the 20`" Anniversary of the Americans with Disabilities Act to those present. Mr. Keithley thanked the present officials on behalf of the Shepard Center for their support of ADA principles. Council Member Lnenicka commented favorably about the high-quality care available to patients at the Shepard Center, and thanked Mr. Keithley for attending this meeting. Mayor Bacon recognized Mr. Patrick Stafford, who provided details to those present concerning his candidacy for the Cobb County Board of Education. Mr. Stafford urged everyone to exercise their right to vote tomorrow. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Variance Request V I0-018 -Stream buffer encroachment without state waters - 6000 and 6200 Highlands Parkway - Consultinvest, Inc. July 19, 2010 2 MOTION: Council Member Wood made a motion to table Variance Request V 10-018 for stream buffer encroachment without state waters at 6000 and 6200 Highlands Parkway for Consultinvest, Inc. to the August 2, 2010 meeting. The motion was seconded by Council Member Pritchett. Motion to table was approved 4 - 0. (B) Public Hearing- Variance Request V 10-019 -Stream buffer encroachment with state waters - 6000 and 6200 Highlands Parkway -Consultinvest, Inc. MOTION: Council Member Wood made a motion to table Variance Request V 10-019 for stream buffer encroachment with state waters at 6000 and 6200 Highlands Parkway for Consultinvest, Inc. to the August 2, 2010 meeting. The motion was seconded by Council Member Pritchett. Motion to table was approved 4 - 0. (C) Public Hearing -Zoning Amendment Z10-007 -Modification to previously approved zoning stipulations - 3110 Nichols Street - 0.161 acre tract -Land Lot 486 -Wachovia Bank, National Association MOTION: Council Member Newcomb made a motion to table Zoning Amendment Z10-007 for modification to previously approved zoning stipulations at 3110 Nichols Street for 0.161 acre tract in Land Lot 486 for Wachovia Bank, National Association to the August 16, 2010 meeting. The motion was seconded by Council Member Pritchett. Motion to table was approved 4 - 0. PRIVILEGE LICENSE: (A) Public Hearing -New owner and applicant-retail pouring beer and wine-Kasa Baan Thai LLC dba Baan Thai Restaurant-3315 South Cobb Drive -Sukunya Saechia, owner and applicant MOTION: Council Member Newcomb made a motion to table the privilege license request for retail pouring of beer and wine for Kasa Baan Thai LLC dba Baan Thai Restaurant at 3315 South Cobb Drive for Sukunya Saechia as applicant to the August 2, 2010 meeting. The motion was seconded by Council Member Pritchett. Motion to table was approved 4 - 0. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of July 6, 2010 minutes (B) Approval to use Council Chambers on July 27, 2010 from 7:00 - 9:00 pm for Williams Park HOA Meeting (Ward 1) (C) Approval of street closing of Afton Way on Saturday, July 31, 2010 from 4 pm until ] 1 pm for a food bank drive to be conducted by the Afton Downs HOA July 19, 2010 3 (D) Approve non-exclusive easement between the State of Georgia and City of Smyrna for a "~"" pedestrian bridge located at Spring Road and authorize the Mayor to execute all related documents (E) Approval of Hillside Road closure between Pinehill and. Bank Street for neighborhood block party on Saturday, July 31 from 10:00 am - 10:00 pm. (F) Approval of State of Georgia's Revocable License Agreement to the City of Smyrna over State owned property (CSX Railroad) in the custody of the State Properties Commission Western and Railroad property, for work on Campbell Road bridge in Cobb County and approve Mayor to sign and execute agreement (G) Transfer of $419,247.04 of Special Designated Funds currently located in General Fund to Special Revenue Fund (H) Approval of closure of south side of West Spring Street between Atlanta Road and King Street for video shoot between 7:00 AM and. 3:00 PM on Thursday, July 15, 2010 (I) Approval of lawn care and landscape services agreement including addenda to RFP9-015 with City of Smyrna and Pebblestone Landscape Group, Inc. and authorize Mayor to sign and execute contract MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 4 - 0. Mayor Bacon recognized Ms. Nadia Galloway and Ms. Katie Piersol (phonetic), who provided details to those present concerning the Benjamin Preschool. COMMITTEE REPORTS: Council Member Pritchett recognized Ms. Hiott, who provided information concerning recent court services operations and details regarding voting for the upcoming election. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. Council Member Newcomb recognized Ms. Bolick, who had no report. Council Member Pritchett recognized Mr. Seigler, who thanked the Friends of the Library for their assistance with a recent frozen yogurt social at the City Library. Mr. Seigler provided details to those present concerning programs and events at the City Library. Council Member Pritchett recognized Ms. Kirk, who thanked the volunteers who turned out last weekend to pick up litter. Ms. Kirk expressed appreciation to Great Harvest Bread Company for providing coffee for the workers. Ms. Kirk provided details to those present concerning plans for the new Community Garden. Ms. Kirk thanked the IBM volunteers and others for their assistance with this project. Ms. Kirk stated UPS provided grant funds, and that KSB has also raised funds for this effort. Ms. Kirk stated Sean Murphy has volunteered his time to provide technical assistance for this project. July 19, 2010 4 Council Member Pritchett recognized Mr. Stokes, who provided details to those present concerning recent public works projects and sanitation service schedules. Council Member Lnenicka stated neither Chief Lanyon nor Chief Hook have a report at this time. Council Member Lnenicka recognized Ms. Bennett, who provided details to those present concerning information on the City website and the upcoming Birthday Celebration. Council Member Lnenicka commented favorably about the concert last week. Council Member Lnenicka stated it was his honor and privilege to attend a tribute for Ed Laporta at Blue Moon Pizza. Council Member Lnenicka stated Mr. Laporta is a veteran of World War II who was awarded three Purple Hearts, served with great distinction and was a prisoner of war. Council Member Lnenicka stated he presented a proclamation at the tribute recognizing Mr. Laporta on behalf of the City. Council Member Lnenicka wished Mr. Laporta a happy birthday. Council Member Wood recognized Mr. Boyd, who provided details regarding the search for new financial reporting software. Council Member Wood recognized Mr. Ciaccio, who had no report. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed concerns about what he considers to be contradictory information about the planned Kroger store, comments which appeared in a recent article about Cobb County's public safety director and alleged support for the City park bond issue. Mr. Backry stated that a lawsuit is coming with some of the people in Smyrna and that he will be following these proceedings with interest. Mayor Bacon recognized Ms. Beth Parks, residing at 1306 Kirkwood Lane, who indicated she has concerns about the variance requests made by Glock. Ms. Parks asked the present officials to examine their motives for running for their respective public offices. Ms. Parks stated she believes it is time for the present officials to set aside the pro-industry mentality and open their ears to the people they have drawn to this community. Ms. Parks stated that although she has contacted all the City officials concerning this matter, only Mayor Bacon and Council Member Newcomb have responded. Ms. Parks stated she is a concerned. citizen and that she deserves a response. Mayor Bacon recognized Mr. Joe Daniel, residing at 4831 Edinburgh Drive, and Mr. Daniel stated he is disappointed that none of the City's officials responded to his invitation to join him to look at the area affected by the variance requests made by Glock. Mr. Daniel expressed concerns about a firearms factory expanding in a residential area. Mr. Daniel presented a list of signatures of concerned citizens to the present officials. Mayor Bacon recognized Mr. Alec Ibutin (phonetic), residing 1406 Hornell Lane, who expressed concerns about what he considers to be misinformation regarding the Glock variance requests. Mr. Ibutin expressed the view that the plans Glock has for the subject property are not consistent with the current Light Industrial zoning for that area. Mr. Ibutin asked for a public hearing to discuss new proposed changes. July 19, 2010 Mayor Bacon recognized Mr. Bob Hutchins, residing at 4921 Prince Road, and Mr. Hutchins stated he is ashamed to stand before the present officials. Mr. Hutchins stated Smyrna is supposedly an environmental city, but now the city is wanting to tear down trees and everything else that Glock wants to do. Mr. Hutchins stated this situation should never have been allowed to reach its current stage, and that it should have been resolved earlier. Mr. Hutchins stated a variance should not be given to people who want to do these kinds of things. Mr. Hutchins stated the City of Atlanta would not allow anyone to tear down a 200 year old tree. Mr. Hutchins stated the present officials will have to answer to the voters before this is over with. Mayor Bacon recognized Ms. Donna Woodham, who expressed concerns about reduced hours of operation at the library and Community Center, layoffs of City employees and reductions of City services. Ms. Wooham stated there is no growth and large, empty dirt holes in Smyrna, and that the present officials need to be accountable for the environment. Ms. Woodham suggested that the City be a member of Greenchambers of the South. Mayor Bacon recognized Ms. Stacey Wood, residing at 4852 Claybrook Drive, who expressed concerns about what she considers to be a lack of information available regarding the Glock project. Ms. Wood stated there is dispute on why Glock should be here. Ms. Wood stated a memo from the City community development department dated June 29, 2010 indicates Glock will not adversely affect the surrounding residents, but there is no documentation to support this conclusion. Ms. Wood stated she has asked Mr. Taylor, various council members and staff members for a written analysis. Ms. Wood stated that until the community receives public information about the analysis, she does not know how a vote can be taken. Ms. Wood stated there was an explosion at the Glock facility in 2003. Ms. Wood stated Glock purchased the subject property knowing there is a stream there, so this is aself-created hardship. Ms. Wood stated she has seen no indication that steps will be taken to protect her neighborhood, and that this variance should be opposed.. ADJOURNMENT: With no further business, the meeting was adjourned at 8:33 p.m. July 19, 2010 ,~~ f. 4 A. MAX BACON, MAYOR S SAN D. HIOTT, CITY ~ LERI~ ~ ~`~_ '' ELLENY P ETT, ARD 1 RO NEWCOMB, WARD 2 ' ~ aL~C!'V MIC EL MCNABB, W D 4 WADE S. LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7 TERI ANULEWICZ , WA 3