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01-18-2011 January 18, 2011Mayor and Council Meeting January 18, 2011 All council members were present. Also present were City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Tammi Saddler, Public Works Director Scott Stokes, Community Development Director Ken Suddreth, Community Relations Director Jennifer Bennett, Keep Smyrna Beautiful Director Ann Kirk, Parks and Recreation Director Steve Ciaccio, Finance Director David Boyd, Fire Chief Jason Lanyon, Human Resources Director Kay Bolick, Police Chief Stan Hook, Library Director Michael Seigler, and representatives of the press. 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 7:32 o'clock p.m. Mayor Bacon recognized Rev. Terry Phillips of Bethany United Methodist who conducted the invocation and Boy Scout Troop 88 who lead all present in the pledge to the flag. Mayor Bacon thanked Reverend Phillips and recognized Scout Master Simpson who introduced the members of Boy Scout Troop 88, stating that they were working towards earning their citizenship merit badges by attending local government activities and becoming involved and aware of those processes. AGENDA CHANGES: Mayor Bacon stated there were numerous agenda changes. He specified that items A, B and C would be tabled to Feb 7`" and that items D and E would also be tabled, with the appeal for the show cause hearing having been withdrawn. MAYOR'S REPORT: Mayor Bacon stated that a proclamation for Black History Month would be conducted at the February 7t" meeting and acknowledged the efforts of the City's employees during the winter storm of the week prior. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Approval of proposed code amendment to Section 721 of the Zoning Ordinance for the creation of a new zoning category called the Apartment Redevelopment District MOTION: Council Member Newcomb made a motion to table proposed code amendment to Section 721 of the Zoning Ordinance for the creation of a new zoning category called the Apartment Redevelopment District to February 7, 2011. Motion was seconded my Council Member Pritchett and approved 7-0. January 18, 2011 2 (B) Public Hearing- Zoning Amendment Request Z10-016 -Modification of previously approved building elevations - 6.94 Acre Tract -Land Lot 308 -Church Road & Autumn Brook Trail -Ryland Homes MOTION: Council Member Smith made a motion to table Zoning Amendment Z10-016 - Modification of previously approved building elevations - 6.94 Acre Tract -Land Lot 308 - Church Road & Autumn Brook Trail -Ryland Homes to February 7, 2011. Motion was seconded by Council Member McNabb and approved 7-0. (C) Public Hearing (no vote at this time) -Rezoning Request Z10-013 -From RM-12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell Street and Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC Mayor Bacon acknowledged Council Member Newcomb and requested that each motion be tabled independently. MOTION: Council Member Newcomb made a motion to table Zoning Amendment Z 10-013 - From RM-12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract -Land lot 663 - Roswell Street and Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC to February 7, 2011. Motion was seconded by Council Member Pritchett and approved 7-0. Mayor Bacon asked if there was anyone present in relation to this proposed zoning amendment and there was no response. (D) Annexation request (100% of owners requesting annexation) -Land Lot 663, Parcels 3 and 4 - 17th District, 2nd Section, Cobb County - 20.587 acre tract -Roswell Street (Regency Square Apartments) MOTION: Council Member Newcomb made a motion to table Annexation request (100% of owners requesting annexation) -Land Lot 663, Parcels 3 and 4 - 17th District, 2nd Section, Cobb County - 20.587 acre tract -Roswell Street (Regency Square Apartments) to February 7, 2011 . Motion was seconded by Council Member Pritchett and approved 7-0. (E) Final vote -Rezoning Request Z10-013 -From RM-12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell Street and Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC. MOTION: Council Member Newcomb made a motion to table Final vote -Rezoning Request Z10-013 -From RM-12 (Cobb County) to ARD Conditional (Smyrna) - 20.587 Acre tract -Land lot 663 -Roswell Street and Davie Circle -Regency Square Apartments, LLC and Virginia C. West, LLC to February 7, 2011. Motion was seconded by Council Member Pritchett and approved 7-0. PRIVILEGE LICENSES: (A) Public Hearing-New application for owner and agent-retail pouring of beer wine and liquor- Monterrey of Smyrna Inc dba Monterrey Mexican Restaurant-Jesus Ornate Jr-3326 South Cobb Dr-original license China Pan closed 3/26/09 January 18, 2011 Mayor Bacon asked if the applicant was present and requested the background be presented by Mr. Taylor, who stated the applicant had been furnished with a copy of the City's alcoholic beverage sales regulations and had completed the required responsible alcoholic beverage sales and service course. Mr. Taylor stated that inquiry by the City police department disclosed no information which would preclude issuance of the license, and that staff recommended approval of the request. Mayor Bacon stated that this was a public hearing and asked for input. Council Member McNabb asked that the applicant provide the details of the relocation of his restaurant. Mr. Ornate explained that they were moving their facility from The Belmont Hills shopping center to the Dickson Shopping Plaza on South Cobb Dr. with an expected opening of the facility within three to four weeks. Council Member McNabb asked the applicant if he was aware of the City of Smyrna's policy regarding underage drinking investigations, confirmed the Evindi training and asked the applicant to provide details about his business practices to ensure compliance with the City code. Mr. Ornate stated that he will have all waiters attend a workshop to receive certification. Council Member McNabb welcomed the applicant and stressed the importance of diligence in these matters. MOTION: Council Member McNabb made a motion to approve new application for owner and agent-retail pouring of beer wine and liquor-Monterrey of Smyrna Inc dba Monterrey Mexican Restaurant-Jesus Ornate Jr-3326 South Cobb Drive. Motion seconded by Council Member Wood. Motion approved 6-0 with Council Member Anulewicz absent. FORMAL BUSINESS: (A) Approval to fix and publish qualifying fees for upcoming 2011 City General Election for Mayor and Council seats Mayor Bacon acknowledged Mr. Taylor, who provided the background stating that fees must be fixed by February 1St of the election year and that the fees for municipalities should be 3 percent of the total gross salary of the office paid in the preceding calendar year, including all supplements authorized by law if a salaried office. He announced that the qualifying fees were set at $684 for Mayor and $513 for Council, Wards 1-7. Mr. Taylor stated that staff had reviewed and recommended approval. MOTION: Council Member Wood moved to approve the fixing and publishing of qualifying fees for the upcoming 2011 general elections. Motion was seconded by Council Member Newcomb and approved 7-0. COMMERCIAL BUILDING PERMITS: Mayor Bacon stated that there were none. CONSENT AGENDA: Mayor Bacon acknowledged Mr. Eric Taylor, who read the consent agenda. (A) Approval of January 3, 2011 minutes January 18, 2011 4 (B) Approval to use Council Chambers on January 20, 2011 from 6:00 -10:00 pm for Heritage @ Vinings HOA Meeting in Ward 6. (C) Approval of contract with Niles Bolton Associates Inc. for architectural services for the construction of Fire Station 5 and authorize Mayor to sign and execute document (D) Bid Award RFQ 11 012 Storm Sewer Rehabilitation to the lowest bidder Inland Waters Pollution Control for their unit price of $163.00/LF and $425.00/VF manhole rehabilitation MOTION: Council Member Wood moved to approve the consent agenda. Motion was seconded by Council Member Smith and approved 7-0. Mayor Bacon stated that he did not see a copy of the contract in the agenda packet and asked the City Attorney if he had seen the document. COMMITTEE REPORTS: Council Member Pritchett acknowledged Ms. Hiott, who presented court statistics for the month of November. Council Member Pritchett welcomed all present back after the holidays and winter storm. Council Member Newcomb acknowledged Mr. Ken Suddreth, who provided details to those present concerning recent building and permit statistics. Council Member Newcomb discussed the status of the Campbell Road Bridge and asked a representative from Croy engineering to approach Council to discuss the project. He also commented on the anticipated five month construction timeframe and the fact that the bridge would be closed with citizens being detoured for the duration of the construction. Mr. Hicks of Croy Engineering stated that bids should be received by his company by the end of the week and were anticipated to be available to present to Council at their meeting on the 7th of February, with construction beginning shortly thereafter. Mr. Hicks responded that he did not anticipate road closures for the duration of the project and that arrangements had already been made with the school system to accommodate their bus routes with any road closures clearly posted, well in advance, so that all affected community members could make necessary preparations. He stressed that the impact of potential disruption to the community would be minimized as much as possible and that inspectors would be available on site to meet with citizens and respond to their questions and concerns. Council Member Newcomb commented on the importance of signage as it related to road closures and asked Mr. Hicks to provide a date of the first expected such event. Mr. Hicks responded that based on a late February start the first closure was not likely to occur until sometime in April. He further explained that due to the increase in the elevation of the bridge the road approaches from either direction would be impacted with significant construction required on both ends of the bridge itself. Council Member Newcomb recommended that signage also be placed at Atlanta/Spring and Atlanta/Campbell to alert motorists of any possible detours. Mr. Hicks assured all present that the project would be coordinated with all appropriate city services departments, schools and communities. January 18, 2011 Council Member Anulewicz expressed her gratitude for the City employees that worked diligently during the winter storm and her appreciation for a return to a normal routine throughout the city. Council Member McNabb acknowledged Ms. Ann Kirk who introduced two Eagle Scouts from troop 88 that had made significant contributions to the Smyrna community garden; Tim Lupke, who created a message board and James Lovas, who built several complex benches following detailed plans. Ms. Kirk endorsed their advancement to Eagle Scout in recognition of their efforts and hours spent and invited all present to visit the gardens. Ms. Kirk commented on the success of the bring one for the chipper program with over 1200 trees processed during the event and many more processed at the site in the days following. She recognized the efforts of over 20 volunteers including 9 Campbell High School students, Home Depot and applauded the community participation in properly preparing the trees for disposal. When asked how long this program had existed she responded that this was the 21St year the service had been offered and that it started in 1991, prior to it incorporation as a state program. Members of Council commented on the large number of citizens that made the effort to participate and Ms. Kirk noted the high volume of calls she received throughout the week from those wanting to take advantage of the service. She also noted that for those still wishing to dispose of their tree that Smyrna's recycling center was available to accommodate that need and commented on the number of seedlings given out as part of the bring one for the chipper event. Mayor Bacon inquired how long the seedling program had been in existence and Ms. Kirk replied that it had been at least 10 years with discussion about how this contributed to thousands of trees being added to the Smyrna community as a result, including the dogwoods around the recycling center. Ms. Kirk mentioned the upcoming Adopt-a-mile program and Arbor Day celebration. Council Member McNabb commented that it was great to see various community groups, schools and businesses uniting to improve the Smyrna community. He then recognized Mr. Scott Stokes and the successful impact of his efforts during the recent winter storm, congratulating the public works team, as well as public safety units, on their logistics and communication during that time. Mr. Stokes presented a report on current projects throughout the City and commented that all sanitation had been picked up within two days of resumption of services following the storm. He reported on cost and damages to equipment directly related to storm clean-up as well as quantity and types of materials used and there was discussion about ongoing efforts to clear the roads of sand and gravel. Mayor Bacon again commented on the exemplary efforts of the Public Works Department and Council Member McNabb addressed the Boy Scouts, citing Mr. Stokes' presentation as an example of excellent management skills and the importance of quantifying all resources utilized. He also mentioned how the recent weather crisis should serve as a reminder of the importance of self-sufficiency that each citizen should contemplate and the advantages of being prepared in the event that city infrastructure was temporarily disrupted. January 18. 2011 6 Council Member McNabb stated that there had been news of the new Kroger opening in Smyrna, remarking that it was to be the second largest store in the southeast with the groundbreaking scheduled to begin February 8th. He commented on the frustration some citizens have expressed over a lack of communication from Kroger management, stating their inability to disclose details was understandable due to the sensitive nature of negotiations required to move forward with the project. He invited all to enjoy the use of the new establishment once it was opened and there was discussion about the scope of the development. Council Member Smith recognized Ms. Jennifer Bennett, who shared that Campbell High School had been recognized in Atlanta Magazine as one of the Atlanta's top 30 High Schools with recognition for their excellence in Math, Science and the Arts. She then encouraged all present to sign up for Facebook as a means of receiving alerts and notifications about the City. Council Member Smith recognized Mr. Steve Ciaccio, who presented statistics on the recreational facilities throughout the City and stated that GDOT would be at the community center to discuss their Revive 285 program followed by discussion about a recent floor refinishing project in one of the facilities. Council Member Smith then recognized Mr. Mike Seigler, who discussed the current exhibits at the library, the upcoming Murder Goes South event, the background of the artists and guests involved and the admission cost. Council Member Smith then recognized Mr. Simpson, who introduced each of the Boy Scouts present and highlighted some of their accomplishments. Council Member Lnenicka stated that there was no report from the Police or Fire Department and thanked the City employees for their efforts during the storm, acknowledging the expediency and efficacy of Public Works as well as other employees that ensured consistency of city services, with a special thanks to Mr. Taylor for his management during the crisis. He then read an email from a Ward 6 resident, thanking the City and Georgia Power for their rapid response time, commented on the upcoming Heritage at Vinings HOA meeting and expressed his condolences for the victims and their families of the shooting in Arizona. Council Member Lnenicka shared with all present his appreciation of the ability to have civil, professional, respectful dialogue, both personally with the Council and within society in general, highlighting the importance of healthy discourse to the success of democracy. He shared that he felt it was unfortunate to have a violent act such as that which occurred in Arizona take place so close to the celebration of Martin Luther King's birthday and hoped that Americans would focus on the message of Dr. Martin Luther King, continuing to work to make America a better nation. Council Member Wood recognized Mr. David Boyd, who presented details on Property Taxes. Council Member Wood expressed his gratitude to the City employees for their recent efforts and yielded the floor with no further report. No further reports were given SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. January 18, 2011 ~ CITIZEN INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who expressed concerns about the lack of sand on any of the streets in his subdivision, or those around him, and articulated the need to purchase additional equipment as a precautionary measure for future events and his justification for such. Mayor Bacon recognized Ms. Judy Ussing, residing at 1005 Mill Pond Dr., who read a letter to the editor published in the Marietta Daily Journal on December 14`" about the Hickory Lakes Apartment complex. Council Member Lnenicka highlighted each of the streets that he personally verified were passable, including those in Mr. Backry's neighborhood, and stated his opinion that perhaps the focus should be on a review of prioritization and utilization of existing resources before taking under consideration the need for additional expenditures on equipment. With no further b s, the meeting was adjourned at 8:50 o'clock p.m. c A. MAX BACON, AYOR SUSAN D. HIOTT, CITY CLERK RON NEWCOMB, WARD 2 _ G OL~(JV~ RI ANULEWICZ, WA 3 MIC EL MCNA B, 10.RD ~, ,/ .~~ J , WA 'S WADE S. LNENICKA, WARD 6 f CHARLES PETE WOOD, WARD 7