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03-21-2011 March 21, 2011Mayor and Council Meeting March 21, 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, Human Resources Director Kay Bolick, Fire Chief Jason Lanyon, Police Chief Stan Hook, Community Relations Director Jennifer Bennett, Public Works Director Scott Stokes, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Library Director Michael Seigler, Controller Kim Grayson 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 Lee Delbridge of Smyrna Christian Church, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated there were none other than that the items under land issues, zonings and annexations were being tabled. MAYOR'S REPORT: Mayor Bacon acknowledged Mr. Eric Taylor, who introduced Tax Assesor Mr. Stephen White and provided background regarding a new law requiring the County to send out yearly notices of assessments to every property owner. Mr. White displayed a copy of the new notice, discussing the new legislation, resultant changes to assessment documents and informational resources available to citizens. He mentioned to all present several of the new procedures, timelines for the assessor's office and the actions taken by his department to educate the public on the new form. Mayor Bacon stated that he felt there would be a lot of interest in this matter and that the City, along with the Assessor's office, would likely receive a high volume of calls. Mayor Bacon acknowledged Councilman McNabb, who thanked Mr. White for his time and commented on the drafting of the legislation, expressing his concern that the new law did not take into account the impact of the floating homestead exemption offered by the cities of Cobb County and asked Mr. White if he was aware of any reason why this was not included in the legislation produced by the State. Mr. White responded that he was not privy to knowledge as to how the decisions surrounding the law were made. Councilmember McNabb elaborated on his position, emphasizing that without the homestead exer}3ption being reflected, citizens could consistently receive estimated tax bills stating amounts in excess of what was actually owed. Mr. White responded that commercial would not be affected but that residential property owners could potentially be sent overstated amounts. Councilman McNabb stressed again his concern with all present that the process passed by the state legislature, designed to make taxing more transparent, could result in the generation of inaccurate billing statements being sent to residents. He commented that the new form was misleading, provided inaccurate March 21, 2011 2 documentation to the taxpayers and did not achieve transparency, recognizing that neither Mr. White nor his office was directly involved in the drafting of the new law. Mayor Bacon recognized Councilwoman Anulewicz, who likewise acknowledged that Mr. White was not the architect of the new legislation and provided the name and number of Mr. Chip Rogers as the point of contact for all parties interested in learning more about the topic. She then inquired of Mr. White what enacting the new legislation would cost Cobb County taxpayers. He responded that it was difficult to determine the financial impact given the increased number of items to be processed and an uncertain number of appeals expected as a result of the revised procedures. There was further discussion with Mr. White concluding with his statement that he anticipated costs to be at least double the previous year. Mayor Bacon thanked Mr. White for attending and providing information to all present on the new legislation. 4. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Zoning Amendment Request Z11-002 -Approval of a zoning amendment for the Westhill Subdivision to modify the previously approved building elevations - 7.66 acre tract -Land Lots 688 and 753 -Oak Drive and Westhill Drive -FCWH Acquisitions, LLC (PW) To be tabled until April 1.8, 2011 MOTION: Council Member Wood made a motion to table the Approval of a zoning amendment for the Westhill Subdivision to modify the previously approved building elevations - 7.66 acre tract -Land Lots 688 and 753 -Oak Drive and Westhill Drive -FCWH Acquisitions, LLC to April 18, 2011. Motion was ..~.. seconded by Council Member Smith and approved 7-0. (13) Public Hearing -Zoning Amendment Request Z 11-004 -Approval of modification to zoning stipulations for Z07-023 - 34.51 acre tract -Land Lot 176 of the 18th District -The Park at Oakdale Bluff -Ashton Atlanta Residential, LLC (PW) Item to be tabled to the April 4, 2011 MOTION: Council Member Wood made a motion to table the Approval of modification to zoning stipulations for Z07-023 - 34.51 acre tract -Land Lot 176 of the 18th District -The Park at Oakdale Bluff - Ashton Atlanta Residential, LLC to April 4, 2011. Motion was seconded by Council Member Smith and approved 7-0. 5. PRIVILEGE LICENSES: (A) Public Hearing-new application ownership and agent-retail pouring sales of beer for Dawg It, Inc. dba Dawgit-Dawn Robinson agent-4924 South Cobb Dr STE B - (PW) Mayor Bacon recognized Mr. Eric Taylor, who provided the background to all present. Mr. Taylor 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 this was a public hearing and asked for public comment. There was none. Council Member Wood inquired as to the location of the business in question with Ms. Robinson detailing the site of the business. He then asked the applicant if she was aware of the legal requirements for operating her business and the City of Smyrna's policy regarding underage drinking investigations. March 21, 2011 Councilman Wood asked for input and Mayor Bacon requested that she restate the location of the business with discussion about the stores surrounding her location. Councilman Lnenicka asked the applicant to provide to all present her intended hours of operation and the status of her business. Ms. Robinson detailed the business hours and the opening date of her store, responding to a question regarding the type of fare to be provided at her restaurant. Council Member Lnenicka confirmed that the applicant was aware that the City performed routine compliance checks and stressed the importance of diligence in these matters, wishing the business a successful venture. MOTION: Council Member Wood made a motion to approve new application for owner and agent-retail pouring of beer wine and liquor - Dawg It, Inc. dba Dawgit -Dawn Robinson agent - 4924 South Cobb Dr Suite B. Motion seconded by Council Member Smith and approved 7-0. Mayor Bacon thanked the applicant for attending and wished her luck. 6. FORMAL BUSINESS: (A) Approval of Amendment to Development Agreement to include elementary School in Belmont Hills TAD Project and extend deadline for commencement of significant construction (RN) Mayor Bacon recognized Mr. Eric Taylor, who stated that the amendment was related to an agreement between the City, Halpern Enterprises and the Smyrna Downtown Development Authority for a new elementary school, in the Belmont Hills tax allocation district, with significant construction to commence by 2013. He provided further background to all present that in 2008, the City, DDA and Cobb County approved an agreement with Halpern that included a development plan for 784 housing units and 110,000 square feet of commercial space. Mr. Taylor informed all present that the Cobb County School Board had announced a proposed site for a new elementary school in Smyrna, which included the purchase of a parcel of land on the Belmont Hills property from Halpern Enterprises. He commented that one of the requirements of that purchase was the approval of the school site and TAD project and that the item had been reviewed by both the County Commission and Smyrna Downtown Development Authority and stated that staff recommended approval. Councilman Newcomb reiterated that the item had to be modified in order to accommodate the development of the school. MOTION: Council Member Newcomb made a motion to approve the amendment to the development agreement to include the elementary School in the Belmont Hills TAD Project and to extend the deadline for commencement of significant construction. Motion seconded by Council Member Pritchett and approved 6-1 with Councilman Lnenicka opposed. (B) Approval of Ordinance 2011-3 amending City of Smyrna Code of Ordinances, Sections 22-72 (j ), 22- 73, 22-74, 22-75, 22-76 of Article III Pawnbrokers Ordinance - (WL) Mr. Eric Taylor provided the background to all present, stating that the revision enacted a requirement that all pawnbrokers maintain a permanent electronic record of all pawn transactions and modified the .• type of information kept along with adding a daily reporting requirement. He shared the confidence of the police department that this ordinance would enable faster recovery of stolen goods, that the item had been reviewed and that staff recommended approval. _March 21, 2011 4 Council Member Lnenicka affirmed the background and stated that the revisions would not change the basic operations of Pawnbrokers other than to modernize their record-keeping systems. He shared with all present that the proposed process was not unique to Smyrna and had been successfully used in numerous jurisdictions across the country to expedite review and deal with potential problems more efficiently. Councilman McNabb inquired if the revisions had been made known to the existing pawnbrokers in the City and asked what their reaction to the modifications had been. Mr. Taylor responded in the affirmative, explaining that both of the pawnshops in the City had been made aware and that one already had practices in place compliant with the new requirements and that no objections were presented. Councilman Newcomb expressed that the City had always proactively worked toward deterring burglaries through strict regulation and acknowledged that he felt this was a positive next step in this process. MOTION: Council Member Lnenicka made a motion to approve the Ordinance 2011-3 amending City of Smyrna Code of Ordinances, Sections 22-72 (j), 22-73, 22-74, 22-75, 22-76 of Article III Pawnbrokers Ordinance. Motion seconded by Council Member Wood 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 March 7, 2011 Mayor and Council Meeting Minutes (B) Approval to use Council Chambers on March 31, 2011 from 6:30 pm to 9:00 pm for Vinings Forest HOA Meeting in Ward 6. (C) Bid Award RFQ 11 010 B Community Center Roof to the lowest bidder Ideal Building Solutions in the amount of $39,000 and authorize the Mayor to execute any associated documents (D) Bid Award RFQ 11-011-B Public Works Building Addition project to the lowest bidder B. L. Law Construction in the adjusted amount of $65, 200 and authorize the Mayor to execute any associated documents Mr. Taylor noted that item (D) would be paid for out of CDBGR funds and allow the City to begin producing bio-diesel. MOTION: Council Member Lnenicka made a motion to approve the Consent Agenda. Motion seconded by Council Member Smith and approved 7-0. COMMITTEE REPORTS: Mayor Bacon acknowledged Councilwoman Pritchett who asked that City Clerk Susan Hiott present :February's court report. Council Member Pritchett then addressed all residents, in particular those in "' wards one, two and five regarding the work being done on the Campbell Road bridge project. She stated that closures were not anticipated for the next 45-60 days, with approximately a two month duration, and emphasized that signs would be posted and emails from Council sent to constituents. She explained to all present that the bridge work was being done in anticipation of the railroad expanding to three tracks, that March 21, 2011 the funding for the bridge was being supplied through SPLOST dollars and had an expected project completion date in the fall. Council Member Newcomb commented on the limited duration of the closures required given the five to six month scope of the project and recognized Mr. Ken Suddreth, who provided statistics on recent development in the City. He discussed the increase in permits, revenue collected, growth trends and the encouraging findings of such. Councilman Newcomb stressed that this report was highly positive for property values in the City and emphasized to all present the direct impact on residents. Mayor Bacon acknowledged Councilwoman Anulewicz, who stated that HR had no report and congratulated the Smyrna Kiwanis and Golden K club on the success of their 2°a annual student art show. Council Member Anulewicz shared with all present the group Super Smyrna and their website www.supersmyrna.com, discussing the scope of the projects in which that organization is involved and mentioning some of their upcoming events. She then stated her enthusiasm for the progress that had been made toward the establishment of the new elementary school in Smyrna. Mayor Bacon acknowledged Councilman McNabb, who introduced Public Works Director Scott Stokes, congratulating him and his crew on their handling of recent weather related issues. Mr. Stokes recounted ongoing projects in the City and discussed the status of reports being conducted at the Hickory Lakes site. Councilman McNabb remarked on the City's commitment to continue to maintain, repair and upgrade sewer and storm drainage and introduced Ms. Ann Kirk of Keep Smyrna Beautiful. Ms. Kirk congratulated the Jonquil Garden Club for winning first place at the Southeast Garden Show. She then informed all present of the book bin being installed at the recycling center and the details of the program in which the City was participating as well as the related website at www.betterworldbooks.com. She concluded by announcing to all present Keep Smyrna Beautiful's upcoming activities including the Great American Clean-up on April 16`h and the shredding event on April 30`" behind City Hall, which she encouraged all to attend and explained that it was offered as a free service to residents with each vehicle being allowed to bring up to 1001bs. She also reminded all present of the Keep Smyrna Beautiful garden tour to be held on May 14`h between 10 and 4 and provided details and ticket information. Councilman McNabb addressed all present, asking that residents be patient and understand that the state would be sending out annual tax forms with an estimation of tax liability. He explained that the statewide form being sent to all property owners would not reflect the homestead exemption offered by the City and that, depending on the amount of time a resident had been in their home, the amount stated on the form could grossly misrepresent the actual amount due. He stated that, each year, a request is made to the state legislative body not to conduct an unfunded tax mandate. He remarked on the comments made by visiting tax assessor Mr. White that the new law would easily double mailings and require the set-up of phone banks, procedures likely to cost somewhere between $250,000 and $500,000 dollars in just Cobb County alone. He stressed again that residents be patient, understand that the upcoming tax bills would not be accurate in their current form and that he was hopeful that the state legislature would hear from constituents seeking to correct these forms. Mayor Bacon acknowledged Councilman Smith, who made a comment about fair tax after which he recognized Mr. Steve Ciaccio, who discussed reservation and ticketing information for the upcoming ~... summer concert series and commented on the success of the bridal boutique event. Mr. Ciaccio remarked that the event had helped increase awareness of the many facilities in Smyrna that are available for rental. Councilman Smith introduced Public Relations Director Jennifer Bennett, who discussed the downloadable online events and informed all present that the events schedule would be included in the March 21.2011 6 next water billing statements. She explained that due to the Easter holiday that the Jonquil Jog would take place on April 30t" along with the Jonquil Festival and the Mayor's golf tournament. She encouraged all present to utilize the online resources and social media sites to stay informed on city events and shared -- with all present changes in the Jonquil Jog process. Council Member Smith recognized Mr. Mike Seigler, who expressed his gratitude to 63 Campbell High School students that dedicated their Saturday to help clean the city library and grounds, and commended the school's volunteer program. He also shared the dates and times of upcoming mobile training courses and mentioned that activities were planned for national library week. Council Member Smith reminded all present to check the batteries in their smoke detectors. Mayor Bacon recognized Councilman Lnenicka, who called upon Police Chief Stan Hook to deliver his department's report. Chief Hook discussed statistics, highlighting this month's numbers over the same time last year. Council Member Lnenicka discussed the meeting held with the Oak Ridge Estates Homeowner's Association and mentioned the upcoming meeting with Vinings Forest. He then recognized Assistant City Administrator Tammi Saddler and Economic Development Coordinator Jered Sigmon for their efforts during the census process. Councilman Lnenika praised them for their dedication, time expended, ability to successfully communicate with the community and the thoroughness of their work, citing the improved accuracy of Smyrna's 2010 count to be a direct result of their involvement. He stated l:hat the population growth during the current economic situation reflected positively on the City and that he anticipated a time when Smyrna would pass Marietta as the most highly desirable place to live in Cobb. He also commented that the data collected would be used to ensure the equitable apportionment of Smyrna's wards. ....~ Council Member Lnenicka informed all present of the passing of Ed Harless, former chair of Smyrna's Economic Development Committee, Navy man and long time member of the Coast Guard. He relayed a story to all present, reflecting on the dedication and commitment of Mr. Harless to the Nation's Armed Forces and mentioned that the Coast Guard medley during the upcoming Memorial Day service would be dedicated to him. Councilman Lnenicka then shared with all present the speakers planned for that ceremony and their backgrounds and encouraged all to attend. Councilman Lnenicka commented on a quote by Marietta Mayor Tumlin about Smyrna's growth over the past decade and there was some discussion by the Mayor and Council about population numbers. He also remarked on the successful efforts of the City and emphasized a continued commitment to making Smyrna a great place to live, work and play. Mayor Bacon expressed his appreciation for the efforts of Tammi Saddler and Jered Sigmon in making sure that the City got the word out that people's votes do count and that participation in the census was important, thanking them again for their efforts. Councilman Newcomb commented that the growth reflected in the 2010 census was likely due in part to a population influx and partly attributable to a more thorough approach than that used during the 2000 census. He expressed his interest in reviewing the data to analyze the distribution of growth across the wards and commented that in addition to Smyrna's census team that the omnipresence and persistence of census workers, such as he witnessed in his area, contributed to a more reliable count. ""'" Councilmember Lnenicka asked that Ms. Saddler and Mr. Taylor convey to Mr. Sigmon the Council's appreciation for his work during the census. March 21, 2011 ,~ Mayor Bacon acknowledged Councilman Wood who yielded the floor with no further report. Mayor Bacon recognized Mr. Taylor who expressed his gratitude for the work done by Ms. Saddler and Mr. Sigmon, highlighting their efforts to raise awareness of the census during off-hours and that their success was reflected in the results. He then commented on the consent agenda item regarding the production of bio-diesel fuel as provided for in a CBDGR federal stimulus grant to allow the City to collect vegetable oil for conversion into diesel fuel. He discussed that the goal of sustainability through this project was consistent with the efforts of Keep Smyrna Beautiful and represented a step in the right direction given the increase in gas prices. He informed all present that production was likely to begin around mid-summer. Mayor Bacon mentioned to all present that the SPLOST had passed and commented on the funds to be made available to the City. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who commented on the upcoming elections and suggested that a town hall meeting be conducted prior to the vote. He mentioned the small turnout for the recent SPLOST vote, that the item had passed by a small margin, and discussed the importance of participating in local votes. With no furthe c m nts, Mayor Bacon announced the meeting adjourned at 8:40 o'clock p.m. A. MAX BAC ,MAYOR SUSAN D. HIOTT, CITY CLERK r ~~ ~ bsJ ~~ c ~ [TCHETT, WARD 1 RON NEWCOMB, WARD 2 ~~-- c RI A ULEWICZ, 3 MICH EL MCNABB, WA 4