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08-01-2011 August 1, 2011August 1, 2011 Mayor and Council Meeting August 12011 All council members were present. Also present was City Administrator Eric Taylor, Assistant City Administrator Tammi Saddler, Assistant City Attorney Jeffrey Tucker, City Clerk Susan Hiott, Finance Director Robert Porche, Community Development Director Andrea Hall, Business License Officer Jim Cox, Management Fellow Kevin Klosterboer 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 7:30 o'clock p.m. Mayor Bacon recognized Pastor Justin Craig of Vinings Church, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that there were none. MAYOR'S REPORT Mayor Bacon recognized Councilwoman Anulewicz, who shared with all present her personal experiences with "Ms. B." and read aloud the proclamation acknowledging her ministry and efforts. The Councilwoman presented the proclamation and Mayor Bacon made known that "Ms. B" would be moving out of the community. 4. LAND ISSUES /ZONINGS /ANNEXATIONS: Mayor Bacon stated that there were none. 5. PRIVILEGE LICENSES: (A) Public Hearing -new application- Precious Metal License -My Jeweler- Darlene Brown -1420 Spring Rd.- consideration of waiver Sec. 22 -203 (WL) Mayor Bacon acknowledged Mr. Taylor, who provided the background and shared that Smyrna Police found that Ms. Brown fulfilled all requirements on the Precious Metal applications but had been cited for failure to have a pawn shop license and failure to have a pawn shop identification card. He stated the details of the citations, sharing that they had been issued following a request by the Business License Officer to determine why the 2010 and 2011 Pawn Licenses were not paid. Ms. Brown subsequently paid the fees and was granted her pawn shop permit. Payment constituted a bond forfeiture and a plea of guilty to the ordinance violations. In accordance with the City ordinance, Ms. Brown was ineligible for a new license unless approved by Mayor and Council. Based on her meeting all other requirements, staff recommended a hearing to determine if this request should be authorized. Mayor Bacon declared this was not a hearing for issuance of license but a consideration of a waiver. August 1, 2011 2 Ms. Brown informed all that she had been doing business in the community for over 10 years. She stated that the current, depressed economy had caused financial hardships and cited the closure of neighboring businesses. She mentioned overseas competition, unemployed customers and local competition as causes of a decline in her business. Ms. Brown explained that she desired the second location due its great visibility. Councilman Lnenicka asked what kind of businesses she currently operated and she replied that she participated in jewelry repairs, custom jewelry manufacturing and loans on jewelry. She emphasized that her current location was not visible from the road. Councilman Lnenicka asked for examples of the type of repair services provided and Ms. Brown listed several. The Councilman requested clarification on the reasons that the pawn shop portion of the license was not satisfied with Ms. Brown stating that funds had not been available. Inquiry was made regarding what steps Ms. Brown had taken to arrange a payment plan or seek an extension. Ms. Brown responded that an extension on her citation had been given. Councilman Lnenicka acknowledged her actions to remit payment for 2011 but sought additional information on her attempts to satisfy her 2010 obligation. Ms. Brown said she had tried to save up money to pay and was unaware the City could be contacted to make arrangements. The Councilman confirmed that Ms. Brown had received correspondence sent out by the City but that she had spoken with staff only about payment of funds required to keep her business open and was not aware an ID card was required. There was discussion about her payment of the citations, the timing and funding sources of such and the current status of her account. Mayor Bacon referenced the ordinance regarding misdemeanors, other than traffic citations, being cause for denying a business license and asked for confirmation if, by her plea and payment of the --"M fine, she was charged with a misdemeanor. Mr. Tucker stated that was accurate and read aloud the ordinance. There was discussion about the type of court where Ms. Brown was referred to and that municipal court handled ordinance violations. Councilman Newcomb shared that there are various categories of licenses and that some require additional scrutiny with the presumption of the ordinance being that a violation on the part of the applicant disqualified attainment of an additional license. He further submitted that a privilege license meant added responsibility and, if requirements were deliberately ignored, then overall business practices were called into question. He opined that the violation cited had direct relevancy to the conducting of the business. Councilman McNabb asked Mr. Suddreth to provide details of the issuance of licenses and the timeline for payments and Mr. Suddreth responded. Councilman McNabb inquired if Ms. Brown had been making loans on jewelry without a valid license and it was made known that she had been cited for a specific loan in March. Mayor Bacon made inquiry as to whether this business was considered a problem location and Mr. Cox responded in the negative. Councilman Lnenicka requested that the applicant affirm if, while in arrears, she continued to operate her jewelry loan business and she responded in the affirmative. It was announced that the police report did not indicate any other information of concern as to the applicant's character or moral standing until recently. Mr. Lnenicka contemplated that the request for a waiver, immediately following a serious violation, presented Council with a challenging decision. He stressed that it was the City's goal to encourage thriving business and Ms. Brown stressed that was her primary reason for seeking permission to conduct business in a location with better visibility. August 1, 2011 Councilman McNabb detailed his concern regarding potential confusion about the distinction of services by location as advertised on the company's website. He also stressed his concern that no attempts to make payment arrangements had been pursued. He suggested a punitive measure of withholding licensing until a compliant track record could be re- established. Mayor Bacon asked if the fees and penalties had been paid and if the account was current. Councilwoman Pritchett confirmed that Ms. Brown could operate her pawn shop and jewelry business at her original location but could only sell jewelry at the new location, stating her support of the punitive measure. Mayor Bacon stated that this was a public hearing and asked for input. There was none. Mayor Bacon acknowledged Councilman Lnenicka, who restated Mayor and Council's goal to see every business succeed and run a lawful business, again sharing that until recently there had been no problem with the applicant. Although the situation had been remedied it took action on the part of the Police department to bring the business into compliance. He stated that a privilege license was subject to compliance checks and, in the case of pawn shops, required owners to adhere to strict monitoring and reporting. Without a registered business license, those checks might not have been appropriately conducted and the lawful operation of that business could not be verified. He noted that Ms. Brown's situation was not corrected prior to her being caught in a violation and that he was reluctant to impose a set time limit for reapplication, stating that the decision should be to approve or not approve. MOTION: Councilman Lnenicka made a motion to deny new application- Precious Metal License- roAft My Jeweler - Darlene Brown -1420 Spring Rd. - consideration of waiver. Motion was seconded by Councilman Wood. Councilman Newcomb concurred no time limit should be imposed and that Council should decide based on the ordinance. Councilman Lnenicka gave assurances that Council is sensitive to the gravity of the situation and the potential adverse impact on the success of her business, that it is not the intention to create additional hardship on a Smyrna businesses and encouraged all businesses to remain in compliance in order to avoid harsh consequences. Mayor Bacon empathized with the tough economic times and made known that the City has worked with many businesses facing financial difficulties. Councilman Smith verified that this was Ms. Brown's first offense and inquired how long the City had been sending out notifications. Mr. Cox responded that late notices had been sent in both 2010 and 2011. The Councilman asked if a compliance officer had been sent out and Mr. Cox responded in the affirmative. Mayor Bacon asked Mr. Cox how many businesses had unpaid licensing fees and Mr. Cox responded that collections had been successful over the past several months in response to correspondence from the City with perhaps 10 -12 non - responsive businesses. He shared that those had been turned over to the City Marshals. Councilman Smith asked if, without relocating, Ms. Brown could stay in business. Mr. Cox explained that if she elected to stay in business she still had a pawn license and she could refer customers to her original location. It was confirmed by Mr. Cox that Ms. Brown had two licenses for her original location and that the application was for a new license at a second location. Aup,ust 1, 2011 4 Councilman Smith summarized his understanding that if Ms. Brown remained at her current location she would retain both licenses but would only have one at the second location. Motion was approved 5 -2 with Councilmen McNabb and Smith against. 6. FORMAL BUSINESS: (A) Public hearing - Adoption of 2011 millage rate - 8.99 mills (PW) Mayor Bacon acknowledged Mr. Taylor, who provided the background that the millage rate would remain unchanged and that the rate had remained constant for the past five years. The Mayor stated that this had been accomplished without furloughs, layoffs or other drastic action. MOTION: Councilman Wood made a motion to approve Adoption of 2011 millage rate - 8.99 mills. Motion was seconded by Councilman Smith. Mayor Bacon acknowledged Councilman McNabb, who noted that, according to the Cobb County Tax Assessor, that in order to generate the same amount of revenue as last year that the millage rate would need to be set at 9.662 for the coming year and that the lack of increase represented a tax reduction in revenue of almost 7 %. Councilman Newcomb shared his sentiment that it was remarkable that, over the last 20 years, the millage rate had either remained constant or been reduced. He shared that this represented a commitment on the behalf of Council and staff to operating a government that lived within its means and that was a noteworthy accomplishment. Motion approved 7 -0. (B) Adoption of the 2011 North Smyrna Urban Redevelopment Plan (URP) with intent to secure an Opportunity Zone designation (RN) Mayor Bacon acknowledged Mr. Taylor, who provided the background and explained the opportunity zone designation. Mr. Taylor stated that a public hearing was conducted on July 18`h to discuss this issue and to receive public comment. He shared with all present that the majority of the input related to clarification of the process and the anticipated impact. He remarked that no substantial changes had been made to the draft document and that staff recommended adoption of the URP. Mayor Bacon called upon Ms. Andrea Hall, who delivered a presentation on the URP. She explained that it allowed business owners in the zone to be able to take the maximum tax credit available for creating new jobs and the applicable conditions. Ms. Hall displayed a map of the proposed area and spoke about the proposed plan. She addressed citizen concerns that this plan was a pre- requisite for the City being able to redevelop their property and she gave assurances it was not. She elaborated that residential property included in the zone was due to proximity to a corridor and did not change the zoning classification to commercial. Ms. Pritchett commented on the Spring Rd. corridor not being included in this plan and asked for Ms. Hall to discuss. Ms. Hall stated that Spring Rd. was not a qualifying tract. August 1,2011 6 (E) Award RFP 11 033 Asbestos Abatement Hickory Lake Project to the lowest bidder Hibernia Enterprises Inc for the abatement of asbestos at Hickory Lake Apartments for $1,045,450.00 and authorize the Mayor to sign and execute any related documents (F)Award RFQ 11 032 Public Safety Building Roof to the lowest bidder ICS Inc. for the replacement of the roof for the Public Safety building for $104,800.00 and authorize the Mayor to execute related documents Mayor Bacon acknowledged Mr. Taylor, who read aloud the consent agenda to all present. MOTION: Councilman Lnenicka moved to approve the consent agenda. Motion was seconded by Councilman Smith and approved 7-0. 9. COMMITTEE REPORTS: Mayor Bacon acknowledged Councilwoman Pritchett, who commented on the status and timeline of the Campbell Bridge Rd. project, after which she called upon Ms. Hiott to present July's Court Services report. Ms. Hiott shared details about qualifying for the general elections, stating the date, times, location and fees of such. She made known that this information would be available in local newspaper publications and on the website. Ms. Hiott mentioned that the filming of the Council meeting on July 18th was not produced by the regular operator and addressed some of the technical difficulties observed during that meeting. She also announced that meetings are broadcast live and provided airing information. Councilman Newcomb yielded with no report. Mayor Bacon recognized Councilwoman Anulewicz, who extended her appreciation to the employees and citizens for their contributions to helping the City maintain a healthy budget with no millage increases, furloughs or cuts to major services. Mayor Bacon called on Councilman McNabb, who mentioned the increase in the City's debt service rating and its ability to hold the millage rate constant despite a declining tax base. Mayor Bacon acknowledged Councilman Smith, who announced Smyrna's upcoming Birthday Celebration and provided the date and details of same. Mayor Bacon called on Councilman Lnenicka, who shared with all present that the City recently had the opportunity to host a group of international, masters level students, with their studies involving the structure of municipal governments and emphasized the significance of the City being selected as August 1, 2011 7 a case study for such groups due to its success and reputation, thanking Mr. Taylor and Ms. Saddler for their role in that activity. Councilman Lnenicka announced that he would seek re- election to office in Ward 6. He declared that tough times demand strong leadership and that he was confident he was the right person for the job. He cited 23 years of elected service, the education, training and background required to be effective and the earned trust and confidence of the residents of Ward 6 and the City. The Councilman shared that, to the best of his knowledge, he was the only Army Ranger in government service in the State and was proud of his service. He expressed the importance and value of his ability to vote his conscience, stating his satisfaction with his voting record, service to the citizens and dedication to his obligations. He expressed his respect for his fellow elected officials and the honest, ethical and hard- working team of which he was honored to be a part. Councilman Lnenicka shared his enthusiasm about continuing his service to the citizens, requesting their support and encouraging all interested in assisting with the campaign efforts to contact him, announcing his website at wadeforsmyrna.com and offering a direct email at wade @wadeforsmyrna.com Councilman Wood yielded with no report. With no further reports Mayor Bacon thanked Jim Cox for his attendance, his adherence to procedures and his efforts in successfully generating revenue for the City. 10. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. 11. CITIZEN INPUT Mayor Bacon recognized Alex Backry, residing at 3459 Shawnee Trail, who opined that the final figures on Smyrna Commons would represent a loss of taxpayer money and addressed the costs of the redevelopment of Hickory Lakes. He questioned why a property with known problems had been annexed into the City in the first place and stated that it should have remained in Cobb County. Mayor Bacon called on Mike Hyde of 700 San Fernando Dr., who stated that he lived in one of the areas included in the opportunity zone where he had been a resident for nearly 40 years. Mr. Hyde announced his intention to run for Council in the upcoming election. Mayor Bacon acknowledged Al Graves of 1079 Pinehurst Drive, who remarked on the purchase of Smyrna Commons and asked what market research had been conducted to support the expenditure for that property. He cited a conversation with Belmont Hills developer Jack Halpern regarding potential occupants at that location and addressed the building of the new school. Mr. Graves questioned why the City should have to subsidize the Cobb County School system with its taxpayer funds. Mayor Bacon mentioned an article he read about Wade Ford and Steve Ewing. He commented that Wade Ford is important to the community and hopes they continue to do well, encouraging all to support local businesses. The Mayor acknowledged Councilman McNabb, who provided a brief synopsis of the history of the dealership and the current CEO, stating Mr. Ewing's gratitude for the Aup,ust 1, 2011 Ri community in which he operated. Councilman McNabb opined on the quality of products and services at that dealership and commented on how important Wade Ford was to the economic base of Smyrna, asking citizens to consider supporting them with their patronage. Councilman McNabb raised the topic of the federal budget negotiations and compromise. He shared that municipal governments were required by law to vote for balanced budgets and that prison terms could be enforced for failure to comply. He elaborated that if a fallout in revenues was detected that municipalities had to look at cutting the budget and did not have the luxury of deferring or printing additional funds. He shared his support of this and his opinion that there was value in these regulations for government at all levels. Mayor Bacon recognized a group of Boy Scouts in the audience and asked that they identify themselves and the reason for their attendance. Scouts from Westminster and Whitfield troops addressed the Council and shared that among the merit badges they were earning were those for citizenship in the community and communications. With no further business, the eeting was adjourned at 8:51 o'clock p.m. C4 A. MAX BACON, MAYOR ENY PP,9CHETT, WARD f,,if J J TER] ANUL (EWICZ, WARD 3 CHARLES PETE WOOD, WARD 7 SUSAN D. HIOTT, CITY CLERK �s✓ RON EWCOMB, WARD 2 MICH EL MCNABB, WA 4 WADE S. LNENICKA, WARD 6 R2011-5 RESOLUTION R2011 -05 RESOLUTION OF NECESSITY FOR THE CITY OF SMYRNA, GEORGIA, TO EXERCISE URBAN REDEVELOPMENT POWERS BY ADOPTING AN URBAN REDEVELOPMENT PLAN AND DESIGNATING THE SMYRNA DOWNTOWN DEVELOPMENT AUTHORITY AS AN URBAN REDEVELOPMENT AGENCY WHEREAS, the Mayor and Council of the City of Smyrna, Georgia, find that within the area roughly defined as the parcels adjacent to South Cobb Drive north of King Springs Road, along Windy Hill Road between South Cobb Drive and Atlanta Road, and along Atlanta Road north of the Windy Hill Road intersection as provided in "Exhibit A," there exist one or more areas containing a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; or the existence of conditions which endanger life or property by fire and other causes; are detrimental to the public health, safety, morals, or welfare; and, WHEREAS, the Mayor and Council find that within that portion of the City there are areas in which there is the presence of a predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; deterioration of site or other improvements; and, a sustained concentration of activities detrimental to both person and property; and, WHEREAS, the Mayor and Council find that the combination of such factors substantially impairs or arrests the sound growth of the municipality, retards the provisions of housing accommodations, and constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; NOW THEREFORE, the Mayor and Council find that one or more areas of slum and blight exist within the City, and that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City of Smyrna; and furthermore, WHEREAS, the Mayor and Council find it necessary to exercise powers of urban redevelopment pursuant to the provisions of the Official Code of Georgia, Title 36, Chapter 61; and, WHEREAS, the Mayor and Council have caused to be prepared an Urban Redevelopment Plan for the physical development of those portions of the City of Smyrna described herein; and, WHEREAS, pursuant to the provisions of the Official Code of Georgia Section 36 -61 -7, the City has held a hearing on an Urban Redevelopment Plan for the area described above; NOW THEREFORE, the Mayor and Council find that ,„ 1. A feasible method exists for the relocation of families who may be displaced from the urban redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; and, R2011-5 2. The Urban Redevelopment Plan conforms to the comprehensive plan for the City of Smyrna as a whole; and, 3. The Urban Redevelopment Plan will afford maximum opportunity, consistent with the sound needs of City, for the rehabilitation or redevelopment of the urban redevelopment area by private enterprise; NOW THEREFORE, the Mayor and Council adopt said plan as the 2011 North Smyrna Urban Redevelopment Plan; and furthermore, WHEREAS, the Mayor and Council believe the Smyrna Downtown Development Authority is the entity best suited to implement the provisions of the 2011 North Smyrna Urban Redevelopment Plan; NOW THEREFORE, the Mayor and Council, pursuant to the provisions of the Official Code of Georgia Section 36- 61 -17, designate the Smyrna Downtown Development Authority as the "Urban Redevelopment Agency" and vest in said agency all of the "urban redevelopment project powers" as defined therein. This Resolution shall become effective on the 1 st day of August, 2011 RESOLVED by the Mayor and Council of the City of Smyrna, Georgia, this 1st day of August, 2011. A. Max Bacon, Mayor Attest: S an D. Hiott, City Clerk Approved as to form: