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11-19-2001 Regular MeetingNovember 19, 2001 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 Clerk Kellie Barber, City Attorney Scott Cochran, Police Chief Stan Hook, Fire Chief Larry Williams, Human Resources Director Chris Corey, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, Public Works Director Scott Stokes, Parks and Recreation Director Steve Ciaccio, City Engineer Ken Hildebrandt, Keep Smyrna Beautiful Director Ann Kirk, Accounting Supervisor Mike Hickenbottom and representatives of the press. Invocation was given by Reverend Chuck Moon, Tillman United Methodist, followed by the pledge to the flag. CITIZENS INPUT: Councilman Cramer introduced the Smyrna Athletic Association 70 and 80-pound Roadrunner Cheerleaders. who won 1st place in the North GA youth cheerleading competition and recognized cheerleaders Meagan Taylor, Ashleeigh Barnes, Taylor Lee, Kiondra Manning, Jazmyne Stembridge, Maya Field, Andrea Anderson, Kayla Fletcher, Brandy Shelton, Alexis Nwaiwu, Venturia Daniels, Kheayanah Forbes and Danielle Ledbetter. The young ladies performed a cheer for the Mayor and Council. Mayor Bacon presented each of the cheerleaders with a City of Smyrna t-shirt. Mayor Bacon recognized Mr. David Keefer, Woodland Ridge Assisted Living, who stated that on December 41h from 1:00 p.m.-3:00 p.m., the Woodland Ridge Assisted Living Veterans coordinator will be discussing veteran benefits and programs and invited those interested to attend. Mayor Bacon recognized State Representative Ginger Collins who stated that at the last Council Meeting she discussed the Homestead Exemption Bill that she passed and not voted on by the citizens of the City of Smyrna. Representative Collins stated that Mayor and Council must call a special election and that there was confusion regarding the bill. Mayor Bacon stated that there was a very informative meeting to not place blame, but get this bill passed. Representative Collins stated that she had discussed the cost of the special election with former City Administrator, Howard Smith and believed Mr. Smith to be speaking with Mayor and Council. Councilman Hawkins stated that through better communications, this would not have happened and that if the bill is passed it will not be in effect until 2002. Mr. Cochran stated that the notice was sent to the City of Smyrna in May and that because there are only 4 days that a special election could have been held that the City of Smyrna could have spent $15,000 and not had an election due to Justice Department pre -clearance. Mayor Bacon stated that the Governor has agreed to sign the bill and that the City will hold the election as soon as possible. Councilman Hawkins stated that the legislatures should make a commitment to the citizens of Georgia for tax relief. Mayor Bacon recognized Mr. Floyd Millis who congratulated Mayor Bacon on being named Smyrna Citizen of the Year and Mr. Corey on being named Interim City Administrator. Mr. Millis stated that he is unhappy that the Homestead Exemption bill was not voted on by the citizens of the City of Smyrna and volunteered to assist the City by tracking City related legislation. PUBLIC HEARINGS: (A) Wireless 911 Resolution Mr. Corey stated that in order for the City of Smyrna to begin collecting the $1.00 E911 fee from all wireless devices, a resolution must be passed/approved by the Mayor and Council. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. November 19, 2001 Councilman Hawkins stated that the FCC has mandated that any 911-call center must have a mapping system to locate a caller and made it possible for local governments to collect a fee. Councilman Hawkins that this item must be tabled to correctly advertise and made a motion to table to the Wireless 911 Resolution until the December 3, 2001, Council Meeting. Councilman Scoggins seconded the motion. Motion to table was approved 7-0. (B) Privileged License Request -El Norteno Mexican Grilled Chicken d/b/a El Norteno Mexican Grilled Chicken-1047 Windy Hill Road -Retail Pouring License (Liquor, Beer, Wine) -Owner Agent Change Mr. Corey stated that Maria T. Trevino is asking to be the registered agent for El Norteno Mexican Grilled Chicken at 1047 Windy Hill Road. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer introduced Maria Trevino who stated that this is at the old Las Americas location and that she is aware of the City of Smyrna ordinances. Councilman Cramer asked Ms. Trevino if she had a training program, and Ms. Trevino stated yes. Councilman Cramer stated that the police investigation did not reveal information that would preclude issuance of the license, and asked Ms. Trevino if she was aware that the City would perform random sting operations. Ms. Trevino stated yes. Councilman Cramer made a motion to approve the privileged license request of El Norteno Mexican Gilled Chicken Restaurant 1047 Windy Hill Road for a retail -pouring license of liquor, beer and wine with Ms. Trevino as the registered agent, and Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Zoning Amendment-Wetherbrooke Subdivision -Relocate the Pool/Amenity Area Mr. Corey stated that this property was originally approved with the recreation area in the rear of the subdivision, and that the developer would like to relocate the recreation area towards the front of the subdivision. Mayor Bacori stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Councilman Wood introduced Mr. Scott Leonard, developer of Weatherbrooke Subdivision, who stated that site was originally zoned in two parcels and that the cabana and pool area was originally located at the south end of the subdivision and that by moving the pool to the front of the subdivision, traffic congestion would be decreased and the look of the neighborhood would be improved. Mr. Leonard stated that there will be no night outside lighting and the pool hours would be limited to dusk or 9:00 p.m. Mr. Leonard stated that the recreation area would be closed from October to Memorial Day and that there will be a privacy fence along Camp Highland. Councilman Wood asked Mr. Leonard if he has spoken with any neighbors, and Mr. Leonard stated that he had tried to no avail. Mayor Bacon introduced Jody Wise, 4810 Camp Highland, who stated that no one has attempted to reach him and that he is concerned because this area was originally planned for one home, not a recreation area. Mayor Bacon introduced Amanda Wise, 4810 Camp Highland, who stated that she does not want the noise because it is directly across from her home. Mayor Bacon introduced Bill Walton, 4820 Camp Highland, who stated that he is concerned with lighting, number of people and noise. Councilman Wood introduced Mr. Chris Miller who stated the staff supports this change because of the elevation of the property and limits on the project. Councilman Wood asked Mr. Miller if this is a significant change, and Mr. Miller stated no. Mayor Bacon stated that when this project was originally approved, any significant changes would need to be approved by the Planning and Zoning Board. Councilman Wood made a motion to refer the zoning amendment request of November 19, 2001 3 Weatherbrooke subdivision to relocate the recreation area to Planning and Zoning Board, and Councilman Hawkins seconded the motion. Councilman Cramer asked Mr. Miller to speak with the neighbors, and Mr. Miller agreed. Councilman Lnenicka stated that he supports Councilman Wood's motion. Motion was approved 7-0. (D) Variance Request-Wetherbrooke Subdivision -Reduction in the Number of Parking Spaces from 20 to 10 Mr. Corey stated that if the recreation area were moved to the front of the subdivision, the developer would like to reduce the number of required parking spaces. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Wood made a motion to table the variance request of Wetherbrooke Subdivision to reduce the number of required parking spaces until planning and zoning addressed the recreation area request, and Councilman Lnenicka seconded the motion. Motion was approved 6-0. Councilman Hawkins was away during the vote. (E) Variance Request-2009 Glenroy Drive -Increase Height of Accessory Building from 15' to 18' Mr. Corey stated that the applicant is requesting to increase the height of an accessory building from 15' to 18'. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Newcomb introduced Mr. Ron Oen who stated that the structure is 95 % complete and is 3 feet higher than allowed. Councilman Newcomb stated that the purpose of the building is for storage and a possible work out room. Councilman Newcomb asked Mr. Oen if he agrees that the building be the same exterior color as the principal building and to not be set up with plumbing, and Mr. Oen stated yes. Councilman Newcomb made a motion to approve the variance request of 2009 Glenroy Drive to increase the height of the accessory building from 15' to 18' with the stipulations that the accessory building be painted with the same color as the principal building and to not be set up for plumbing, and Councilman Hawkins seconded the motion. Motion was approved 7-0. (F) Annexation of Property -Island 6-87.2 Acres -North Cooper Lake Road, Nowlin Drive, North Thomas Lane and Willowbrook Drive Mr. Corey stated that notices have been mailed to the 61 owners in this unincorporated and that the City Attorney and the City Engineer have determined that this island meets all state requirements of island annexation. Mayor Bacon stated that this is a public hearing and asked for public comment. The City Attorney administered the oath to those wishing to speak. Mayor Bacon recognized Alice Bentley, 4325 North Cooper Lake Road, who stated that she does not think that her property was an island in 1991. Mr. Cochran stated that this area has been reviewed and existed as an island prior to 1991. Mayor Bacon introduced Michael Whatley, 4317 North Cooper Lake Road, who stated that he did not want to live in the City. Mayor Bacon introduced Kevin Moss, 4241 North Cooper Lake Road, who stated that he would like the motion delayed by 30 days so that he can obtain legal representation. Councilman Wood stated that this is the last remaining island and that there is no limit on the acreage. Councilman Wood stated that there are jurisdiction, service and boundary issues, and made a motion to approve the island annexation of the 87.2 acres on North Cooper Lake Road, Nowlin Drive, North Thomas Lane and Willowbrook Drive. November 19, 2001 4 Councilman Hawkins seconded the motion. Motion was approved 7-0. NORMAL BUSINESS: (A) Appoint Interim City Administrator Councilman Hawkins made a motion to approve Mr. Corey as interim City Administrator, and Councilman Scoggins seconded the motion. Motion was approved 7- 0. (B) (B) Authorize the Mayor to Sign Change Orders #3 and #4 for the Smyrna Market Village Councilman Scoggins stated that the change order #3 is due to the change in the building pad locations which required addition earthwork and drainage pipes and the removal of undesirable soil.and change order #4 is for the installation of 4" of graded aggregate base for access to the building sites during inclement weather. Councilman Wood stated that this change order will allow a gravel road during construction. Councilman Scoggins made a motion to authorize the Mayor to sign change orders #3 and #4 for the Smyrna Market Village, and Councilman Wood seconded the motion. Motion was approved 7-0. (C) Code Amendment -Chapter 47-Property Maintenance Mr. Corey stated that the Community Development Committee has been reviewing improvements to the City's property maintenance standards and that the proposed changes will eliminate inconsistencies. Councilman Newcomb stated that the Community Development department has been reviewing inspections and rental properties and that this amendment will put in place a new abatement procedure, consolidate ordinances and enable the City to inspect all buildings which appear to be unsafe, dilapidated, abandoned or otherwise constitute a nuisance. Mr. Miller stated that the original goal of the committee was to focus on rental property, and the committee has utilized this ordinance as an opportunity to make improvements throughout code enforcement. Mr. Miller stated that the number of City Marshals will be increased to 3 and that the City will allow 7 days for citizens to correct violations. Mr. Miller stated that the code cases will be addressed with a separate court date and session. Councilman Newcomb stated that one of the biggest concerns of the City is code violations and that the City will see a change with this new focus. Councilman Cramer stated that one of the new Marshals is bilingual. Councilman Newcomb made a motion to approve Code Amendment —Chapter 47—Property Maintenance, and Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Extend SunTrust Corporate Resolution and Certificate of Incumbency for Commercial Credit Card Account Mr. Corey stated that the city corporate card must be extended yearly. Councilman Hawkins stated that the City has a current SunTrust Visa card and made a motion to extend the SunTrust corporate resolution and certificate of incumbency for the commercial credit card account. Councilman Scoggins seconded the motion. Motion was approved 7-0. (E) Re -Appoint Hospital Authority -Ward 4 Councilman Hawkins made a motion to reappoint Bill Harvill to the Hospital Authority, and Councilman Scoggins seconded the motion. Motion was approved 7-0. November 19, 2001 (F) Appointment Hospital Authority -Ward 2 and 3 Councilman Newcomb made a motion to approve Jennie Palmer to the Hospital Authority, and Councilwoman Pritchett seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to approve Jean Aaron to the Hospital Authority, and Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) (A) Venture Construction -Retail Shops at South Cobb, LLC-4490 South Cobb Drive Councilman Lnenicka made a motion to approve the commercial building permit for Venture Construction for retail shops at 4490 South Cobb Drive, and Councilman Wood seconded the motion. Motion was approved 7-0. (B) (B) B&M Construction -BP Amoco-2535 Cobb Parkway Councilwoman Pritchett made a motion to approve the commercial building permit of B & M Construction for a BP Amoco at 2535 Cobb Parkway, and Councilman Newcomb seconded the motion. Motion was approved 7-0. BID AWARDS: There was none. CONSENT AGENDA: (A) (A) Approval of November 5, 2001 minutes (B) (B) Approval to Authorize the Mayor to Execute Mutual Release of all claims incident to Lucas vs. City of Smyrna Action No. 20004-5843-3 (C) (C) Approval to Install Speed Humps on Concord Meadows Drive (D) (D) Approval to Install Speed Humps on Clifton Road (E) (E) Approval to Authorize the Mayor to Sign DOT Contract Lau 31-8531-49 to Resurface Three City Streets (F) (F) Approval to Apply for Funding -Atlanta Regional Commission (G) (G) Approval to Transfer from Contingency $2,500.00 for the Purchase of Laptop Computer -Municipal Court (H) Authorize Mayor to Sign Amendment to Agreement for the Purchase and Sale of Land and further Authorize the Mayor to Sign all Documents Inclement to Closing (I) (I) Approval to Transfer $5,670.00 from Contingency Funds for Veterans Memorial Redesign (J) (J) *Approval to Amend FY2002 One Percent Road Improvement Budget *Councilman Scoggins made a motion to suspend the rules to add an item, and Councilman Hawkins seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to add item (J) Approval to Amend FY2002 One Percent Road Improvement Budget to the Consent Agenda, and Councilman Cramer seconded the motion. Motion to add was approved 7-0. Councilman Lnenicka made a motion to approve the Consent Agenda, and Councilman Cramer seconded the motion. Motion was approved 7-0 COMMITTEE REPORTS: Councilman Wood introduced Mr. Seigler who stated that there are two exhibits currently at the Library: a Pam Rogers' exhibit and Lori Black exhibit. Mr. Seigler stated that the generations on line classes are continuing and that the library has DVD's for check out. Mr. Seigler thanked the Friends of the Library for the color printer and reminded everyone that the library will be closed on Thursday and Friday in observance of November 19, 2001 6 Thanksgiving. Mr. Seigler wished everyone a Happy Thanksgiving. Mayor Bacon stated that citizens have contacted him regarding an odor in the Library, and Mr. Seigler stated that the maintenance department is working on correcting the problem. Councilman Wood introduced Steve Ciaccio who stated that the dedication for the senior adult facilities at Church Street Center will be November 29, 2001, the tree lighting will be on Tuesday, November 27th at 6:00 p.m. and Santa will be at the Village Green during the holiday season. Councilman Lnenicka recognized Chief Hook who thanked the Mayor, Mrs. Bacon and everyone who hosted for the wonderful breakfast in honor of public safety. Councilman Lnenicka recognized Chief Williams who thanked the Mayor, Council and Parks and Recreation staff for the breakfast in honor public safety. Chief Williams stated that the City received a gift certificate from a citizen for a grocery store for the firefighters. Councilman Lnenicka read thank you letters from citizens regarding public safety. Councilman Lnenicka thanked Mr. Harold Smith and the Historical Society for the program on Veterans. Councilman Cramer thanked Mr. Miller and Councilwoman Pritchett for their commitment to an environmental court. Councilman Cramer stated that Cobb County Board of Commissioners presented the Veterans Memorial Association with a $65,000 grant. Councilman Cramer encouraged citizens to honor their loved ones with a brick paver at the Veterans Memorial. Councilman Cramer stated that he had encouraged Mayor and Council to approach the Smyrna First Baptist regarding a property swap. Councilman Hawkins commended the Historical Society for the Veterans program. Councilman Hawkins recognized Mr. Hickenbottom who stated that tomorrow is the deadline for tax payments and thanked the citizens who have already paid their taxes. Councilman Scoggins recognized Ms. Kirk who commended the Community Development Department on their dedication to code enforcement. Ms. Kirk stated that the City celebrated recycling day and thanked Councilman Cramer, Councilman Hawkins, Councilman Newcomb and Councilwoman Pritchett for participating. Ms. Kirk stated that Home Depot and Georgia Power will participate in tree chipping on January 5, 2002. Ms. Kirk asked that citizens not blow leaves into the storm drains. Ms. Kirk stated that the recycling center will be closed on Thursday and Friday in observance of Thanksgiving. Councilman Lnenicka thanked Ms. Kirk for touring the Brawner property with Councilman Newcomb and himself. Councilman Scoggins recognized Mr. Stokes who stated that it is important for citizens to not put the leaves in the street and that the December water bill will address the leaf issue. Councilman Scoggins asked the citizens to not put the leaves in the street because of the November 19, 2001 7 storm drains. Councilman Newcomb recognized Mr. Hildebrandt who stated that the contractor of the Spring Road Linear Park has promised to complete the work after Thanksgiving. Councilman Newcomb recognized Mr. Miller who presented the permit numbers for the month of October. Mr. Miller stated that the Growth Strategies Commission is planned to meet in December or January. Councilman Newcomb asked how citizens are notified regarding code ordinances, and Ms. Kirk stated that the brochure is being reworked. Councilwoman Pritchett thanked Mr. Millis for volunteering his time. Councilwoman Pritchett stated that there will be a true team effort between Community Development and Court Services and encouraged citizens to contact the City if they have questions regarding the new code changes. Councilwoman Pritchett wished everyone a safe and happy Thanksgiving. Mayor Bacon thanked Mr. Millis for his lobbying offer, and stated that the City would like to speak with him. Mayor Bacon wished everyone a Happy Thanksgiving Mr. Stokes stated that there will not be trash pick up on Thursday or Friday and that there will be no yard waste pick up on Wednesday. ADJOURNMENT With no further business, the meeting adjourned at 9:40 p.m. - jeoo*� A. MAX BACON, MAYOR V � � i", f�CAL / K LLIE BARBER, CITY CLERK Q MEQa PRITCHETT, WARD 1 RON NEWCOMB, WARD 2 BILL SCOGGINS, WARD 3 CK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 JAMES M. HAWKINS, WARD 4 WADE S. LNENICKA, WARD 6 RESOLUTION IMPOSING A WIRELESS ENHANCED 911 CHARGE ON WIRELESS TELECOMMUNICATIONS CONNECTIONS WITHIN THE CITY OF SMYRNA, GEORGIA WHEREAS, the City of Smyrna, Georgia presently operates an Emergency Enhanced 911 System; and, WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, as amended by Act No. 881, Georgia Laws 1998, authorized local governments to impose a wireless enhanced 911 charge upon each wireless telecommunications connections subscribed to by subscribers whose billing address is within the jurisdictions of the local government; and; WHEREAS, such charges may be imposed at a rate of up to $1.00 per month per wireless connection; and, WHEREAS, such charges may be imposed by any local government that operates or contracts for the operation of an emergency 911 system which is capable of providing automatic number identification of wireless telecommunications connections and the location of the base station or cell site; and, WHEREAS, the City of Smyrna, Georgia operates or has contracted for the operation of an emergency 911 system which is capable of providing automatic number identification of wireless telecommunications connections and the location of the base station or cell site; and, WHEREAS, a public hearing was held on the question of imposing a wireless enhanced 911 charge in the City of Smyrna, Georgia on December 3, 2001. NOW, THEREFORE, BE IT RESOLVED by the governing authority of the City of Smyrna, Georgia that a wireless enhanced 911 charge be imposed upon each wireless telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of the City of Smyrna, Georgia at the rate of $1.00 per month per wireless connection provided to each telephone subscriber. BE IT FURTHER RESOLVED that said wireless charge shall be imposed on the first day of the month of May, 2002. BE IT FUTHER RESOLVED THAT A COPY OF THIS Resolution shall be forwarded to each wireless service supplier providing service in the City of Smyrna, Georgia. IN WITNESS WHEREOFF, this resolution has been duly adopted by the governing authority of the City of Smyrna, Georgia on the Sr-6 day of LQ S p " hA ,12001. A. Max Bacon, /.-Um"I IVAII Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Smyrna City Council held on the 3rd day of December, 2001. (2) That it is my understanding that O.C.G.A. §50-14-4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception (3) The subject matter of the closed meeting or closed portion of the meeting held on the 3rd of December, 2001, which was closed for the purpose(s) of deliberating a legal issue as allowed by O.C.G.A., Title 50, chapter 14, was devoted to matters within those exceptions and as provided by law. (4) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50-14-4(b) that such an affidavit be executed. This 3rd day of December, 2001. Sworn to and subscribed before me This 3rd day of December, 2001 Mayor/Presiding Officer �Vooj & LAI Notary Public / CITY SOLICITOR OATH OF OFFICE I, Bill Morse, do solemnly swear that I will well and truly conduct myself as Solicitor of the City of Smyrna for the ensuing term and that I will faithfully enforce the charter and ordinances of the City of Smyrna to the best of my ability, without fear or favor, that I am not the holder of any unaccounted public money due the State or any political subdivision or authority thereof, and in all my actions as City Solicitor act as I believe for the best interests of the City of Smyrna. So help me God. Bill orse City Solicitor , 2001.