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09-03-2013 September 3, 2013 Mayor and Council Minutes WM. E;MYRNA 2800 King Street City of Smyrna Smyrna,Georgia 30080 Meeting Minutes - Draft City Council Council Chambers Tuesday, September 3,2013 7:30 PM Call to Order Present: 8- Mayor Max Bacon, Mayor ProTem/Councilmember Melleny Pritchett, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel Also Present: 6- Scott Cochran,Terri Graham, Samantha Kasraie,Tammi Saddler Jones, Tom Boland and Jered Sigmon . Invocation and Pledge:Dr.Steve Kimmel of the Smyrna First Baptist Church delivered the Invocation and led all to the pledge to the flag. 2. Agenda Changes:The Mayor stated that there were none. 3. Mayoral Report: A. Proclamation in Recognition of Rhonda Lokey, Cobb County School District Teacher of the Year Sponsors: Lnenicka Mayor Bacon recognized the recipient and Councilman Lnenicka read aloud the proclamation. Mrs. Lokey was joined by her husband, Campbell Middle School Principal Gail Johnson and Dale Gaddis.Councilman Lnenicka presented the proclamation to Mrs. Lokey,who thanked Mayor and Council for their support of Smyrna schools and lauded the great things happening in those establishments. 4. Land Issues/Zonings/Annexations: A. Resolution of Necessity for the City of Smyrna, Georgia; to Amend the 2011 North Smyrna Urban Redevelopment Plan for One or More Slum Areas; to Promote the Public Health, Safety, and Welfare, and for Other Purposes. Sponsors: Anulewicz and Blustein Tammi Saddler-Jones provided background on the Urban Redevelopment program that offered tax credits in qualifying opportunity zones.She advised 1 City of Smyrna 91312013 3 that the City was seeking to expand the program and listed the proposed areas. Mrs. Saddler-Jones stated that staff recommended approval. WNW Mayor Bacon announced that this was the second public hearing and called for public comment. There was none. Councilwoman Anulewicz called on Jered Sigmon,who explained the resolution would find conditions of slum and blight to be targeted by the redevelopment plan in order to facilitate rehabilitation of underperforming areas. He noted that the slum terminology utilized in the resolution was a state established definition. Mr. Sigmon advised of the results of a recent property survey and noted that there were 59 parcels being considered in the amendment. He stated that the resolution would formally adopt the approved Urban Redevelopment Plan but that state approval was still required. Mr. Sigmon stated that a decision might be received before year's end if the application was submitted prior to the end of the month. Councilwoman Anulewicz thanked Mr.Sigmon for clarifying the use of the word slum in the resolution terminology. She opined that the semantics required by the state did not reflect the sentiments of anyone at the City about the areas under consideration. A motion was made by Councilmember Teri Anulewicz to approve the Resolution of Necessity of the City of Smyrna, Georgia;to amend the 2011 North Smyrna Urban Redevelopment Plan for one or More Slum Areas; to Promote the Public Health,Safety,and Welfare, and for Other Purposes, seconded by Councilmember Andrea Blustein. The motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 5. Privilege Licenses:The Mayor stated that there were none. 6. Formal business: A. Resolution to support the Downtown Development Authority(DDA) decision to sell Land (1.54 acres) near the intersection of Dunton Street and Concord Road commonly known as 1151 Concord Road, SE, Smyrna GA to Peacock Partnership, Inc. in the amount of $350,000.00. Sponsors: Welch Tammi Saddler-Jones shared that this item was to determine support for the DDA decision to sell the land at 1151 Concord Rd. Councilman Welch provided a history of the property, including the various purchase offers received. He noted that the DDA had reviewed the submissions and elected to work with Peacock Partnership,a group of doctors and dentists refurbishing and relocating to that site. A motion was made by Councilmember Charles Welch to support the Downtown Development Authority(DDA)decision to sell land (1.54 acres) near the intersection of Dunton Street and Concord Road commonly known as 1151 Concord Road,SE,Smyrna GA to Peacock Partnership, Inc. in the amount of $350,000.00,seconded by Councilmember Teri Anulewicz. The motion carried 2 City of Smyrna 9/3/2013 •_ by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel B. Approval of building fee and occupational license fee incentives in the amount of$5,075.00 for Omni Business Services at 1290 West Spring Street. Sponsors: Anulewicz Tammi Saddler Jones provided the background regarding the incentive request and stated that staff recommended approval. She detailed the location of the building and Councilwoman Anulewicz further clarified.The Councilwoman advised that Smyrna Market Village was nearing 100%occupancy and remarked that it was a sign of positive economic trends. Tom Boland commented on the vitality of the market village and the work being done to improve the public areas. He shared that property owners were being engaged to maintain the center appropriately. Councilwoman Anulewicz asked Mr. Boland to share details of the incoming business. Mr. Boland noted that the company would employee 40-50 people at an average salary of$63,000, providing additional buying power in the market village.He stated that the new owner had several companies and that he was on the verge of signing leases for the remaining spaces. There was discussion about the possibility that market village might be at 100%by the end of 2013 and Mr. Boland offered an update on the status of pending leases. Councilwoman remarked that the incentives were a good thing and served to attract quality business to downtown Smyrna. A motion was made by Councilmember Teri Anulewicz to approve item 2013-317 of building fee and occupational license fee incentives in the amount of$5,075.00 for Omni Business Services at 1290 West Spring Street,seconded by Councilmember Charles Welch. This motion carried by the following vote: The Mayor commented that the building had been vacant for sometime due to foreclosure. He expressed his support for the new owner. Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits: A. Issuance of a commercial building permit for the construction of a new Discount Tire Store at 2717 Spring Road. Sponsors: Pritchett Mayor Pro Tem/Councilmember Pritchett noted that the facility would be located on the site of the former Sonny's BBQ restaurant. She shared that Discount Tire had worked diligently with Community Development to address concerns and had submitted plans for an all brick building with westerly facing bays. She relayed the current status of the demolition and construction, stating ,,.,. that the grand opening was anticipated around the beginning of the year. A motion was made by Mayor Pro Tem/Councilmember Melleny Pritchett to issue a commercial building permit for the construction of a new Discount Tire 3 City of Smyrna 9/3/2013 Store at 2717 Spring Road, seconded by Councilmember Teri Anulewicz. Motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 8. Consent Agenda:Mrs. Saddler-Jones read aloud the consent agenda. A motion was made by Mayor Pro Tem/Councilmember Melleny Pritchett to approve the consent agenda,seconded by Councilmember Ron Fennel. Motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel A. Approval of the August 19, 2013 Mayor and Council Meeting Minutes B. Approval to use Council Chambers on September 17, 2013 from 7:00-9:00 pm for a Williams Park Neighborhood Meeting (HOA) with Keith Bentley Sponsors: Anulewicz C. Approval to use the Council Chambers on October 9, 2013 7 PM - 9 PM for a meeting of the The Smyrna Tree Board and Williams Park Neighbors (HOA) by Robin Phillips MUM Sponsors: Anulewicz 9. Committee Reports: Mayor Pro Tem/Councilmember Pritchett yielded with no report. Councilmember Blustein announced a Ward 2 meeting to be held on September 19th at the Community Center,advising that the Police and Fire Chiefs would be present. The Councilwoman made known that she would review the reapportionment maps and that Councilman Lnenicka and Ann Kirk of Keep Smyrna Beautiful would also be in attendance. Councilwoman Anulewicz noted that the HOA meeting approved for October 9th was open to all those wishing to learn more about the Tree Board. Councilman Welch announced the Smyrna Heroes Gala taking place on September 13th and the Taste of Smyrna event on September 14th. Councilmember Wilkinson shared that the Smyrna Library was continuing the summer lecture series and provided details. She announced the upcoming movie night at Brawner Park and a Ward 5 meeting to be held at the Wolfe Center on September 28th. Councilman Lnenicka shared positive feedback from his meeting with the Montclair Townhomes HOA. He noted that State School Superintendent John Barge had formally announced his candidacy for Republican nominee in the *WWI Georgia gubernatorial race.Councilman Lnencika relayed that Superintendent Barge had grown up in Smyrna and was a former Ward 6 resident, wishing him success in his campaign. 4 City of Smyma 9/3/2013 Councilman Fennel shared that the police department had been active in making DUI arrests over the weekend. He made known that an investigation was being conducted on a recent break-in and informed all present that the incident was the result of a personal relationship and not a random act. Councilman Fennel announced that the fire department was participating in a national program on emergency preparedness. He stated that additional information would be presented at the next Council Meeting regarding the functions of a municipality in the event of an emergency.The Councilman noted the Smyrna Business Association's annual golf tournament and encouraged all to support the Smyrna Hero's Gala on September 13th. He shared that Mr. Gary Eubanks had passed away and expressed his condolences. There were no further reports. 11. Citizen Input: The Mayor stated that the citizen's input would be heard before the show cause hearing and called on the first speaker. Alex Backry of 3459 Shawnee Trail expressed his desire to learn more about the plans for Concord Rd. and revenue recovery for that project. He mentioned lost tax revenue due to Hickory Lakes, Belmont Hills and Smyrna Grove sifting empty and questioned how this would be accounted for. Mr. Backry remarked on the proximity of the townhomes along Concord Rd.to street traffic and stated his disagreement with the assessment that the market village was nearing 100%occupancy. Larisa Edwards commented on recent newspaper articles mentioning Smyrna and shared her opinion about the manner in which decisions were voted on by the Council. She questioned how citizens could have their voices heard. Ms. Edwards observed that residents speak at the meetings and that Council voted based on personal reasons or kickbacks;she stated she didn't want to make any allegations. Councilwoman Anulewicz advised all present that she routinely received email and phone communication from residents wishing to discuss matters and was accessible to all. The Mayor stated that public comment was not a question and answer period. Ms. Edwards called for a standard of decision making that was fair for everyone where citizen's input had weight in the voting.She stated that citizens didn't vote and she wanted to see that change.She concluded with the statement"Peacemaker for President". 10. Show Cause Hearings: A. Appeal the denial of application for alcohol servers permit - Kimberly Kay Kirkland Sponsors: Blustein The Mayor introduced the hearing and confirmed the presence of the applicant. Mrs. Saddler-Jones provided background that legal reasons had prevented the issuance of the server's permit for Ms. Kirkland.She advised that the matter was appealed on August 14th to the License and Variance Board where it was ... denied. Mrs. Saddler-Jones made known that the City's ordinance allowed for an appeal of that decision to Mayor and Council. 5 City of Smyrna 9/3/2013 Attorney Jim Fletcher introduced himself and Ms. Kimberly Kirkland was sworn in. City Attorney Scott Cochran stated informal situation for evidence to be presented. Mr. Fletcher stated that his client was seeking to work at Doc's. He noted that she had worked over 20 years in the hospitality industry with no violations, shared that this was her first offense and provided details. Mr. Fletcher advised that Mrs. Kirkland was given 12 months probation for a misdemeanor and two years probation for a felony under the first offender act. He stated that the court could place a defender on probation without adjudication of guilt and submitted such was the case with Mrs. Kirkland. He observed that the Judge specifically struck out the requirement that Mrs. Kirkland could not go to establishments that served alcohol, so it would not violate her probation to work at Doc's. Mr. Fletcher stated that a Smyrna photo permit was denied due to the pending misdemeanor and felony charges. He argued that the City applied code that should not have prohibited issuance but rather resulted in postponement. Mr. Fletcher requested that the City align with the first offender act and recognize the Cobb County record showing Mrs. Kirkland had been adjudged on final disposition,with receipt of a permit not violating her probation. Mr. Cochran restated for confirmation that there had been an adjudication and not a conviction. He noted that it was appropriate for Mayor and Council to ask questions and called for any additional evidence. Mr. Fletcher presented an exhibit to Mr. Cochran. Mayor Bacon inquired if she was working at Doc's when she applied for the permit and was replied to in the negative. He asked if Mrs. Kirkland had worked at other establishments and she responded that she had moved her from Alabama,where she had managed a 5 star restaurant. Councilman Lnenicka commented that the main interest of Council was making certain that local establishments operated in a safe manner and followed the law. He requested additional background from Mrs. Kirkland, who stated that she had been working in the restaurant industry since high school, had never had any problems with local jurisdictions in the past and would begin work immediately if granted the appeal. Councilman Lnenicka requested assurances that she would not repeat her mistake.Mrs. Kirkland responded that she was a great server, had never been fired, worked her way to management and had excellent employee references. She asked for a second chance and an opportunity to get back to work. Councilman Lnenicka stated his appreciation of her courage and acknowledged the difficulty of the situation. He stressed the interest of government to ensure the protection of citizen's and informed her that periodic compliance checks were conducted. He advised that if she were in a management role it would be her duty to ensure employees were properly trained and aware. She promised to do so and stated that she was always in compliance and provided details. Councilman Fennel stated his appreciation for her courage and noted the severity of the offense. He stressed that the ordinances were in place to ensure adherence to a standard and the City's number one responsibility was public safety. He opined that the permit was appropriately denied. He acknowledged that Council sat as arbiter with the ability to make exceptions. He advised that the City had a DUI task force,that permit holders were considered guardians and that the consequences of another mistake would result in the maximum penalty under the law.There was discussion about what she would do if the appeal was denied. 6 City of Smyrna 9/3/2013 Councilwoman Blustein inquired what steps Mrs. Kirkland had taken correct •�■ the problem that led to her charges. Mrs. Kirkland stated that she had been working on every aspect of her life and would never again make the same mistake. She shared she had met her requirement to complete 40 hours of community service. Councilwoman Blustein stated her understanding that Mrs. Kirkland had an illegal substance in her purse and Mr. Fletcher made known that there had been a disputed allegation regarding that. The Councilwoman cautioned her about involvement with drugs and alcohol. Mrs. Kirkland remarked that she was a very responsible mother of three, had owned her own business, was involved in her church and enjoyed her job. The Mayor commented on the number of appeals over the past few years with those seeking a second chance and the challenge of publicly disclosing details to earn a second chance. Councilwoman Pritchett inquired if Mrs. Kirkland felt she had been sufficiently punished for her mistake and Mrs. Kirkland replied in the affirmative, stating her understanding that she would go to prison if another incident occurred. A motion was made by Councilmember Andrea Blustein to approve the application for the alcohol servers permit for Kimberly Kay Kirkland, seconded by Mayor Pro Tem/Councilmember Melleny Pritchett. The motion carried by the following vote: Aye:7 - Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Mr. Cochran inquired of Mr. Fletcher if he wished to withdraw the exhibit he had presented and Mr. Fletcher retrieved the document. 12. Adjournment: The Mayor noted that the citizens input portion of the meeting was to allow residents the opportunity to be heard. He remarked on those wishing to engage or take advantage of the televised proceedings.The Mayor emphasized that those speakers had been repeatedly provided with Council's contact details and encouraged to contact elected officials outside of the regular meeting. He commented on remarks about occupancy in the market village and the economic incentives being offered to revitalize local business centers. The Mayor declared the meeting adjourned at 8:45 pm. MVO 7 City of Smyrna 9/3/2013 September 3. 2013 [MAYOR AND COUNCIL MEETING] A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK 7,LiA (70-Lel±C. M ENY R TCHETT, WARD 1 ANDREA BLUSTEIN, WARD 2 w.f.. a . l T RI ANULEWI "", WARD 3 CHARLES A.WELCH, WARD 4 ''N)/t/tA/Ct/t/1 j //' SUSAN WILKINSON, WARD 5 WADE S. L NICKA, WARD 6 1°11:414V 4.0%. ' IN FENNEL, WARD 7 OMINIIROf Resolution number: 2013-07 RESOLUTION Resolution of Necessity for the City of Smyrna,Georgia; to Amend the 2011 North Smyrna Urban Redevelopment Plan for One or More Slum Areas;to Promote the Public Health,Safety,and Welfare,and for Other Purposes. WHEREAS,the Mayor and Council of the City of Smyrna,Georgia,found it necessary to exercise powers of urban redevelopment pursuant to the provisions of the Official Code of Georgia,Title 36, Chapter 61,through the adoption of the 2011 North Smyrna Urban Redevelopment Plan on August 1, 2011; and, WHEREAS,the Mayor and Council have recognized that within additional areas of the City at Atlanta Rd and Spring Rd,Jonquil Dr.and Spring Rd,and the intersection of Roswell St,Mathews St,and Hawthorne Ave,there exist conditions of slum and blight including a predominance of buildings or improvements,whether residential or nonresidential,which are dilapidated, deteriorating,aging,or obsolete;and, WHEREAS,this portion of the City also includes areas with 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 stalled development projects;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 e++ constitutes an economic or social liability and is a menace to the public health,safety,morals,or welfare in its present condition and use;and, WHEREAS,the Mayor and Council have adopted a workable plan known as the 2011 North Smyrna Urban Redevelopment Plan to eliminate and prevent the development or spread of"slum areas,"as that term is defined in O.C.G.A.§36-61-2,to encourage needed urban rehabilitation,to provide for the redevelopment of such areas,and to undertake such activities as may be suitably employed to achieve these objectives;and, WHEREAS,the Mayor and Council held a public hearing on August 19,2013,to consider an amendment to the Urban Redevelopment Plan which will add to the Urban Redevelopment Area 59 parcels totaling 41.8 acres;and, WHEREAS,the amended document will also include other updates to the original plan,new information related to the expanded Urban Redevelopment Area,and other minor edits, NOW THEREFORE,the Mayor and Council do hereby amend and adopt the 2011 North Smyrna Urban Redevelopment Plan,a copy of which is attached as"Exhibit A." RESOLVED by the Mayor and Council of the City of Smyrna,Georgia,this 3rd day of September,2013. A. Max Bacon,Mayor WPM Attest: Terri Graham,City Clerk Appr ved as = form: Scott A.Cochran,City Attorney AMIMOW Urban Redevelopment Plan 40 Appendix I City of Smyrna Urban Redevelopment Plan AMENDMENT WORKSHEET The following is a checklist of items to be considered by City officials and members of the DDA when amending the Urban Redevelopment Plan. These items represent required plan components as defined in the Official Code of Georgia Annotated Section 36-61-7. E Statement that the Urban Redevelopment Plan is consistent with the Comprehensive Plan E Clearly defined boundaries of the Urban Redevelopment Area D Assessment of the URA and explanation of negative conditions o Description of the City's land use objectives for the area o Public infrastructure to be provided o Parcels to be acquired and structures to be demolished or rehabilitated o Strategy for relocating and displaced residents o Description of any new covenants and restrictions o Financial strategy for implementing the plan o Strategy for leveraging private resources to aid in redevelopment of the area