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03-07-2011 March 7, 2011Mayor and Council Meeting March 7, 2011 All Council Members were present. Also present were City Administrator Eric Taylor, City Attorney Scott Cochran, City Clerk Susan Hiott, Assistant City Administrator Tammi Saddler, Community Development Director Ken Suddreth and representatives of the press. The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. Presiding officer Mayor Max Bacon called the meeting to order at 7:33 o'clock p.m. Mayor Bacon recognized Pastor Hector Guzman at Crosspoint Presbyterian, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated there was none other than that all the items under land issues, zonings and annexations were being tabled. MAYOR'S REPORT: (A) Recognition of Campbell High School Student Government President Mayor Bacon stated that the City was honored to have student government President DeAnthony Bishop, who would be conducting the meeting that night as part of a program established by the City about 15 years prior. (B) Presentation of the Character Education Word (Commitment) with Teasley Elementary School Mayor Bacon acknowledged Joanne Robblee, Principal of Teasley Elementary, and the introduction of the students was provided by Mr. David Monroe and Ms. Samantha Kasraie, who informed all present that the children were members of Teasley's FIRST Lego League Robotics team that had advanced to the 2010-2011 State Championships. Following the student's skit about "Commitment", Mayor Bacon invited the team to have photos taken in the Council's seats and thanked the children's family, friends and Ms. Robblee for attending. Mayor Bacon recognized DeAnthony Bishop, turning the remainder of the meeting over to him. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Approval of a code amendment for an Apartment Redevelopment District -City of Smyrna (Tabled from January 18, 2011, February 7, 2011 and February 21, 2011 meetings) (RN) To be tabled to April 18, 2011 Acting Mayor Bishop read agenda item (A). MOTION: Council Member Newcomb made a motion to table the approval of a code amendment for the addition of the Apartment Redevelopment District in the City's Zoning Ordinance -City of Smyrna to April 18, 2011. Motion was seconded by Council Member'Wood and approved 7-0. March 7, 2011 2 (B) 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 (RN) Tabled from October I8, 2010 - Tabled from February 7, 2011, Tabled from February 21, 2011 and March 7, 2011 - To be tabled to April 18, 2011 Acting Mayor Bishop read agenda item (B). MOTION: Council Member Newcomb made a motion to table the approval of a code amendment for the addition of the Apartment Redevelopment District in the City's Zoning Ordinance -City of Smyrna to April 18, 2011. Motion was seconded by Council Member Wood and approved 7-0. (C) Annexation request (100% of owners requesting annexation) -Land Lot 663, Parcels 3 and 4 - 17t" District, 2nd Section, Cobb County - 20.587 acre tract -Roswell Street (Regency Square Apartments) (RN) Tabled from October 18, 2010 Meeting -Tabled from February 7, 2011 -Tabled from February 21, 2011 and March 7, 2011 - To be tabled to April 18, 2011 Acting Mayor Bishop read agenda item (C). MOTION: Council Member Newcomb made a motion to table the approval of a code amendment for the addition of the Apartment Redevelopment District in the City's Zoning Ordinance -City of Smyrna to April 18, 2011. Motion was seconded by Council Member Pritchett and approved 7-0. ..~. (D) 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 (RN) Tabled from October 18, 2010 Meeting -Tabled from February 7, 2011 -Tabled from February 21, 2011 and March 7, 2011 - To be tabled to April 18, 2011 Acting Mayor Bishop read agenda item (D). MOTION: Council Member Newcomb made a motion to table the approval of a code amendment for the addition of the Apartment Redevelopment District in the City's Zoning Ordinance -City of Smyrna to April 18, 2011. Motion was seconded by Council Member Anulewicz and approved 7-0. PRIVILEGE LICENSES: Acting Mayor Bishop stated that there were none. FORMAL BUSINESS: (A) Approval of water rates for FY 2012(PW) Acting Mayor Bishop acknowledged Mr. Taylor, who provided background and explained to all -~« present that the water department had measured the impact of wholesale water and sewage rate increases and numerous, required infrastructure upgrades and repairs. Mr. Taylor stated that the proposed increase was significantly lower than recent trends and represented an average of two percent on all tiers with base water and sewer rates unchanged. He commented on the anticipated March 7, 2011 3 debt load reduction for next year's budget as a contributing factor with the City being allowed to increase capital infrastructure while keeping cost increase to citizen's at a minimum. Mr. Taylor stated each of the tier increases, made known the effective date of May 1, 2011 and stated that staff recommended approval. (B) MOTION: Council Member Wood moved to approve the water rates for FY 2012. The Motion was seconded by Council Member Newcomb and approved 7-0. COMERCIAL BUILDING PERMITS: Acting Mayor Bishop stated that there were none CONSENT AGENDA: Acting Mayor Bishop acknowledged Mr. Eric Taylor, who read the consent agenda. (A) Approval of February 21, 2011 Minutes (B) Approval to use Council Chambers on March 9, 2011 from 6:30-9:00 pm for Ward 6 -Oak Ridge Estates HOA Meeting (WL) (C) Award of RFP 11-021 Spring Road Multi Use Trail Phase I (from Village Parkway to Atlanta Road) to low bidder D & H Construction for $349,568.99 (SPLOST funding) and Mayor to sign and execute related documents (D) Approval of Relocation Agreement between Georgia Power Company and City of Smyrna for relocation of existing facilities, Campbell Road over CSX R/R project and authorize Mayor to sign and execute document (E) Approval of the Relocation Agreement between Georgia Power Company and City of Smyrna for relocation of existing facilities, Spring Road Trail West project and authorize Mayor to sign and execute document (F) Approval of We Can! Bike Rodeo street closings on May 21, 2011, from 9 a.m.-12 p.m. MOTION: Councilman Newcomb made a motion to approve the consent agenda. The motion was seconded by Councilman Wood and approved 7-0. COMMITTEE REPORTS: Acting Mayor Bishop recognized Council Member Pritchett, who referenced recent discussions about the Campbell Road Bridge project and emphasized that signs would be posted regarding bridge closings. She also stated that the new bridge would be greatly improved, larger, nicer and include sidewalks for walking trails. Council Member Pritchett encouraged all present to visit the City website and contact her, or their respective Council Members, if they wished further details. Acting Mayor Bishop acknowledged Council Member Newcomb, who spoke about the delayed start date of the Campbell Bridge project and reiterated that signage would be posted with adequate notice and road closures would not be required throughout the duration. March 7, 2011 4 Acting Mayor Bishop recognized Councilwoman Anulewicz, who commented on the consent agenda item Spring Rd. multi-use trail, stating that it would join two existing trails and was consistent with Smyrna's commitment to being a pedestrian and bike-friendly community. She also noted that this project was funded by SPLOST and informed all present that advanced voting had begun, with the official vote date being March 15th and encouraged all present to consider the impact of SPLOST funding on such construction. Council Member Anulewicz mentioned the water rate increase, highlighting that it represented only a five to eight cent hike per household. She then announced that the Smyrna Golden K Kiwanis and Foundations were hosting the 2"d annual student art showcase on March 17th, 2011 and encouraged all to attend. Acting Mayor Bishop acknowledged Council Member McNabb, who stated on the record his concerns regarding the two consent agenda items dealing with Georgia Power. He emphasized to the City Attorney the importance of previously agreed to modifications being included in the final version of the contract prior to it being signed and executed. Acting Mayor Bishop recognized Councilman Smith who commented positively on the performance of Acting Mayor Bishop. He then complimented the students that had participated in the council meeting and their exceptional display of commitment to education. Acting Mayor Bishop acknowledged Councilman Lnenicka, who also commented favorably on the conduct of the Acting Mayor and the students that presented the character education word. He then thanked the acting Mayor for his efforts at Campbell High School to improve the student community and extended an offer of his continuing support. Acting Mayor Bishop recognized Council Member Wood who expressed his gratitude to the Student Government President for his role in the evening's proceedings. City Clerk Susan Hiott informed all present that advanced voting for the SPLOST was currently taking place with voting locations at the Cobb Elections main office, located at 736 Whitlock Ave. and at the South Cobb community center located at 620 Lions Club Drive. She stated the dates for advanced voting and responded to a question from Council Member Pritchett regarding scheduled voting hours. SHOW CAUSE HEARINGS: Acting Mayor Bishop stated that there were none. CITIZEN INPUT: Acting Mayor Bishop recognized Linda Yost of 783 Parkway Drive, who discussed the cut-through traffic impacting her neighborhood and the downing of a large tree during the last storm that destroyed a portion of a fence. Ms. Yost explained that the destruction of that barrier resulted in unwelcome elements accessing the neighborhood, citing increased calls to police from residents witnessing drug deals and ensuing arrests for possession of cocaine. She asked for suggestions and assistance from Mayor and Council to restore the property. Acting Mayor Bishop acknowledged Caroline Baker of 730 Parkway Drive, who stated that she and her neighbor were concerned about liability issues of people cutting across the fence and being injured, also that they had been threatened in response to their direct requests to people that they not March 7, 2011 5 jump the fence. Ms. Baker informed all present that there were a number of police reports on file regarding resultant incidents in that area and that residents were nervous. Acting Mayor Bishop recognized Mary Kirkendoll of 1078 Oakview, who commented on business attraction and retention rates in the City and the need for planning, vision and communication. She referenced her arrest during pursuit of information and cited the City of Decatur as an example of a municipality with open forums on their website. She mentioned the City of Dunwoody's website discussion board and the "cone zones" and construction updates available online in Sandy Springs and Roswell. Ms. Kirkendoll identified four SPLOST projects in the City of Smyrna that did not have updates available on the City's website and presented her analysis of those projects, emphasizing funding distribution. She requested that Council Member McNabb address the residents of Smyrna Heights regarding the devaluation of that neighborhood. She requested that all present vote against the SPLOST. Acting Mayor Bishop asked for additional comment. Council Member Pritchett provided updated information on advanced voting times. With no further comments, Acting Mayor Bishop stated that it was his pleasure to intern with the City and announced eeting adjourned at 8:13 o'clock p.m. A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK 1 ~a L CHE T, WARD 1 RON EWCOMB, WARD 2 ~~ C ~• IIC L MCNABB, W RD 4 ~~ 'ADE S. LNENICKA, WARD 6 ,,,,~. CHARLES PETE WOOD, WARD 7 N~~ /'