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02-04-2002 Regular MeetingFebruary 4, 2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Chris Corey, City Clerk Kellie Barber, City Attorney Scott Cochran and representatives of the press. Invocation was given by Pastor George Gainey of Smyrna Presbyterian Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Representative Terry Johnson who thanked Mayor and Council for their commitment to citizen tax relief and stated that when he has met with the elected officials at their legislative dinners Mayor and Council have encouraged the legislators to pass a homestead exemption bill. Representative Johnson stated that City taxes would not increase due to reassessment. Council Member Hawkins asked Representative Johnson if his bill would set a base date of January 1, 2001, and Representative Johnson stated yes. Representative Johnson stated that three of the four representatives for the City of Smyrna have embraced this bill to give tax relief. Mayor Bacon stated that this bill is more attractive because it will still have an effective date of 2001, and Representative Johnson expressed agreement. Council Member Newcomb stated that Ms. Collins' bill would not go into effect until 2003 and that Representative Johnson's bill would go into effect as of January 1, 2001. Council Member Hawkins stated that this bill would be similar to the County's exemption and that this bill would not give any type of reduction for school taxes. Council Member Cramer stated that this bill does not call fora special election but allows the City to add the item to the elections planned for August and November of this year. Representative Johnson stated that the bill would apply to homeowners only for their personal residences and that taxes would not be increased due to property reassessment. Councilman Hawkins thanked Representative Johnson for his commitment to tax relief. Council Member Hawkins made a motion to suspend the rules for the purpose of adding an item to the agenda, and Council Member Newcomb seconded the motion. Motion was approved 7-0. Council Member Hawkins made a motion to authorize the Mayor to sign a resolution supporting Representative Johnson's bill, and Council Member Cramer seconded the motion. Motion was approved 7-0. Mayor Bacon recognized School Board Representative Curt Johnson who introduced Dr. 1-I. Earl Holiday, Campbell Middle School Principal and teacher Ashley Mize who introduced students Mona Guo, Panashe Nhekairo, James Gilbert, Yousef Sajid, Sally Nicely and Leyly Vences. Ms. Mize indicated the students would be discussing the Character Words of the Month for February. Mayor Bacon thanked the children and presented each student with a gift bag. Mayor Bacon recognized Buddy Darden who stated that he is thrilled to see the improvements in the City of Smyrna and announced that he is seeking the new 11" District House of Representatives seat. Mr. Darden stated that he was honored to serve the citizens of Georgia in the United States House of Representatives in the past and that the experience will assist him if he is elected. Mr. Darden explained the boundaries of the new district and asked the citizens to support him. Mayor Bacon recognized Mr. Floyd Millis who stated that tax relief is important to him. Mayor Bacon stated that this body made it very clear to all legislatures that they supported a Homestead Exemption and encouraged citizens to support Representative .Johnson's bill. Mayor Bacon recognized Mr. Lewis Curtis, 3492 Creatwood Trail, who stated that last year he contacted the City's utility department because of a terrible odor in his yard. Mr. Curtis stated that the department could not find anything, and he hired a plumber to determine the problem. Mr. Curtis stated that the plumber found that the creek in the easement was contaminated with raw sewage and that the workers should have found this problem when first called. Mayor Bacon stated that there was a sewer leak on a private residence and the sewage from that residence leaked into the creek. Council Member Lnenicka stated that he met with the family and spoke with staff who corrected the sewage leak. Council Member Lnenicka stated that the February 4, 2002 N basic problem started with a private residence and that the City has been aggressively working to correct the City sewer lines in this area. Council Member Lnenicka stated that there may be further breaks up stream and that Mr. Stokes has contacted a consultant to test the area. Council Member Lnenicka stated that the City will address any public health issues and understands preventative maintenance. Mayor Bacon recognized Ms. Ellen Adams, 400 Su► nybrook Place, who asked for an update on Tolleson Pool, and Council Member Wood stated that there are plans for temporary repairs for this season and major renovation next season. Mayor Bacon recognized Mr. Walter Lee, 3574 Hickory Circle who stated that the Smyrna Kiwanis Club will be hosting its annual pancake breakfast on Saturday, February 23 and encouraged everyone to participate. Mayor Bacon recognized Charlie Levinson, 2451 N. Matthews Street, who asked what commitment the City of Smyrna would be willing to give existing businesses in Belmont Hills, and Council Member Cramer stated that the City has not discussed the issue. Mayor Bacon stated that the future of Smyrna lies north of the downtown and that the City has the option of offering economic incentives. PUBLIC HEARINGS: (A) Charter Amendment —Redistricting of the Seven Wards of the City of Smyrna — Second Hearing Mr. Corey stated that this is the second public hearing the City of Smyrna will hold oil the redistricting plan and that the first hearing was held on January 22, 2002. Mr. Corey stated. that the final vote for the redistricting plan is scheduled for February 18, 2002, and advised that, according to the Official Code of Georgia, municipalities must advertise a total of three times and no less than three days and no more than sixty days before the adoption of the proposed Charter Amendment. Mayor Bacon stated that this is a public hearing and asked -for public comment. There was none. Mayor Bacon introduced Melinda Dameron and thanked her for her assistance on the ,.. reapportionment map. Council Member Hawkins stated that the vote on the map will be February 18, 2002, and that the map is based on the latest census reports. Council Member Hawkins stated that the redistricting is non -partisan and is intended to allow each council member to represent approximately the same number of people. No action was taken. (B) Privileged License Request —Retail Pouring (Beer and Wine)—Nanahuku Inc. d/b/a Yakitori Jinbei-2421 Cobb Parkway —Ownership and Agent Change Mr. Corey stated that Nanahuku Inc., d/b/a Yakitori Jinbei, 2421 Cobb Parkway, has requested an ownership and agent change for this establishment. Mr. Corey stated that Mr. Barry Frederick Henry is requesting to be made agent for the establishment and advised that Mr. Henry has been given a copy of the Alcohol Beverage Ordinance, which the Business License Officer has reviewed with him. Mr. Corey stated that Mr. Henry has indicated he will follow the City's ordinances if he is granted the license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Council Member Pritchett stated that Ms. Edgar has reviewed the application and that the police investigation failed to reveal any information that would preclude the issuance of this license. Council Member Pritchett confirmed with Mr. Henry that the action is an agent change only. Mayor Bacon asked what type of restaurant Yakitori Jinbei is and Mr. Henry stated that the restaurant is a Japanese restaurant. Council Member Pritchett made a motion to approve the privileged license request for Yakitori Jinbei and the motion was seconded by Council Member Newcomb. Motion was approved 7-0. (C) Privileged License Request —Retail Pouring (Beer Only)—Un Ok Enterprises, Inc. d/b/a El Pastor-350 Pat Mell Road —Ownership and Agent Change Mr. Corey stated that. Ae Rok Choi is requesting to be the registered agent for El Pastor and that the establishment is located at 350 Pat Mell Road. Mr. Corey reported that Mr. Choi has February 4.2002 1<i been furnished with a copy of the Alcohol Beverage Ordinance and that the Business License Officer has gone over the guidelines with liiin. Mr. Corey advised that Mr. Choi has indicated the he will follow the City's ordinances if he is granted the license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Council Member Cramer asked Mr. Choi if he is familiar with the City's ordinances regarding alcohol sales, and Mr. Choi stated yes. Council Member Cramer asked Mr. Choi if he has been the registered agent previously and Mr. Choi stated no. Council Member Cramer asked Mr. Choi if he has a training program in place, and Mr. Choi stated that he would train the servers to ask for identification from everyone. Mayor Bacon asked if the business is open, and Mr. Choi stated yes. Council Member Lnenicka advised Mr. Choi to be cautious when hiring and instructing servers to ask everyone for identification and reminded him of his responsibility. Council Member Cramer made a motion to approve the privileged license request for beer sales for El Pastor at 350 Pat Mell Road, with Mr. Ae Rok Choi as the registered agent, and the motion was seconded by Council Member Lnenicka. Motion was approved 7-0. (D) Variance Request-22' 1" Accessory Structure —David and Michele Breckling-1204 Love Street Mr. Corey stated that the property contains a single-family residence zoned R-15 and that the applicant has requested a variance to permit a cape -style garage with loft which will exceed the City's height limitation. Mr. Corey advised the free-standing garage would be considered an accessory structure in accordance with the City's Zoning Code. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Council Member Hawkins asked Mr. Breckling to explain the request, and Mr. Breckling stated that the home does not have any storage space and he would like to build a two-story garage behind the home. Mr. Breckling stated that Mrs. Breckling is planning to use the second floor as an artist's studio. Council Member Hawkins stated that the neighbors have no objections to the structure and made a motion to approve the 22' 1 " accessory structure at 1204 Love Street with the following three stipulations: 1. The accessory building shall be painted the same color as the principal building consistent with Section 501 of the City Zoning Code. 2. The accessory building shall not contain a kitchen. 3. The accessory building shall not be used, rented or leased as residential property. Councilman Scoggins seconded the motion. Motion was approved 7-0 ,. (E) Variance Request —Oversized Accessory Structure —David and Michele Breckling- 1204 Love Street Council Member Hawkins made a motion to approve a variance to permit an accessory structure up to 866 square feet in area subject to the same three stipulations set forth for item (D), supra, and the motion was seconded by Council Member Scoggins. Motion was approved 7-0. (F) Variance Request —Relocation of Pool/Amenity Area—MDC Homes—Wetherbrooke Subdivision Mr. Corey stated that MDC homes is requesting to relocate the pool area closer to the main entrance and that the proposed amendment will not change the number of residential units or the overall density for the development. Mr. Corey advised that the site plan originally approved for the subject parcel contained a pool/amenity area in the interior of the subdivision and that the applicant is seeking to relocate the pool/amenity area closer to the entrance. Mr. Corey stated that because the subdivision was approved as a conditional rezoning, any significant changes such as those proposed to the site plan requires a zoning amendment. Mayor Bacon stated that this is a public hearing and asked for public comment concerning both variances (F) and (G). There was none. Council Member Wood introduced Scott Leonard who stated that MDC would like to move the pool to the front of the subdivision in order to encourage pedestrian traffic. Mr. Leonard stated February 4, 2002 4 that the adjoining property homeowners do not object to the move. Council Member Wood stated that there was no opposition to the proposed changes at tine planning and zoning hearing and made a motion to approve the variance request of MDC Homes to relocate the pool/amenity area to the front of the subdivision with the following five stipulations: 1. With the exception of security lighting on the pool cabana required by building codes, there shall be no outdoor lighting at the pool/amenity area. 2. The covenants, codes and restrictions (CCR) for the neighborhood homeowners' association (HOA) will limit the operating hours for the pool/amenity area to the hours of 9:00 a.m. until the earlier of either dusk or 9:00 p.m. 3. The CCR of the HOA shall stipulate that both the pool and the cabana will be closed each year at the end of the first week of October and will not re -open until the Memorial Day weekend of the following year. 4. The pool/amenity area will be placed at an elevation three to five feet below Camp Highland Road. 5. The use of the pool/amenity area shall be limited through the CCR of the HOA to residents and their guests with only one guest per household being allowed at any one time. Council Member Cramer seconded the motion. Motion was approved 7-0. (G) Variance Request —Reduction in Parking Requirements—MDC Homes—Wetherbrooke Subdivision Council Member Wood stated that staff supports the variance request for parking space requirements as long as all other requirements are met and made a motion to approve the variance request for reducing the number of parking spaces from twenty to thirteen. The motion was seconded by Council Member Hawkins. Motion was approved 7-0. Council Member Wood thanked Mr. Leonard for the effort he put forth to resolve the issues surrounding the changes which were made. FORMAL BUSINESS: (A) Appointment of Iteplacenicnt Member to the Growth Strategies Commission (GSC) Council Member Newcomb stated that Mayor and Council have appointed members to the GSC but one of the members had to resign due to work commitments and made a motion to appoint Mickie Higgins to the Growth Strategies Commission. Council Member Hawkins seconded the motion. Motion was approved 7-0. (B) Appointment of Members to the Planning and Zoning Board Mayor Bacon stated that he would like to reappoint Tom Harper to the Planning and Zoning Board. Council Member Cramer made a motion to appoint Mr. Harper to the Planning and Zoning Board, and Council Member Hawkins seconded the motion. Motion was approved 7-0. Council Member Cramer made a motion to appoint Hal Sahlman to tine Planning and Zoning Board and the motion was seconded by Council Member Lnenicka. Motion was approved 7-0. (C) Adoption of Resolution Regarding the Development of Smyrna Market Village Mayor Bacon stated that the closing on the Smyrna Market Village was contingent upon the approval of the resolution, and Mr. Corey read the resolution into record. Council Member Hawkins made a motion to adopt the Resolution Regarding the Development of Smyrna Market Village, and Council Member Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. February 4, 2002 5 CONSENT AGENDA: (A) Approval of January 22, 2002, Minutes (B) Approval of January 28, 2002, Minutes (C) Authorization to approve renumbering of City of Smyrna Code of Ordinances Chapter 47 to Chapter 80 (D) Approval to Purchase Replacement Automobile for Fire Department (E) Approval of Changes to Portions of the Community Center Rental Fee Structure Council Member Cramer made a motion to approve the consent agenda, and Council Member Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Council Member Wood encouraged citizens to attend the tax seminars at the Smyrna Library and that the Smyrna Oakdale Moose Lodge, in connection with civic awards, named Mrs. Patty Bacon "Ms. Smyrna 2002" and Mr. Joe Bland "Mr. Smyrna 2002" and congratulations were extended to these two citizens for their achievements. Council Member Ltienicka stated that former Powder Springs Council Member George "Coach" Ford passed away and expressed his condolences to the City of Powder Springs. Council Member Cramer encouraged citizens to purchase bricks for the Veterans Memorial. Council Member Hawkins stated that Coach Ford was a dedicated public servant and educator and an outstanding individual. Council Member Scoggins stated that the Public Works Department staff is highly qualified and will be able to get satisfactory results on behalf of the City of Smyrna. Council Member Newcomb read a proclamation in honor of Arbor Day and presented it to Mayor Bacon for signature. Council Member Pritchett stated that she attended the Mayor's Day conference in January and that homeland security was a major topic of discussion. ADJOURNMENT With no further business, the meeting adjourned at 9:15 p.m. February 4, 2002 n A. MAX BACON, MAYOR PRITCHETT, WARD I 16&-� La� L�- z KELLIE BARBER, CITY CLERK RON NEWCOMB, WARD 2 BILL SCOGGINS, WAKO 3 JAMES M. HA INS, WARD 4 la 4 --- Mot 'A ACK CRAMER, WARD 5 WADES. LNENIC ,WARD 6 CHARLES PETE WOOD, WARD 7