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01-02-2007 January 2, 2007 Council Meeting January 2, 2007 - 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 were Assistant City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon and representatives of the press. Invocation was given by Dr. Steve Kimmel from First Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 5 A (privilege license request - retail package sales (beer and wine) - CYS Pharmacy #4470 - 2994 Atlanta Road - Kimberly D. Hamilton, agent applicant) will be tabled to a subsequent meeting. MA YOR'S REPORT: Mayor Bacon expressed condolences to the family of Council Member Smith for the loss of his father, Mr. Harold A. Smith. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Extension of Apartment Moratorium - Mr. Taylor stated the City of Smyrna has a moratorium prohibiting the approval of new apartment developments. Mr. Taylor stated that, because the moratorium is due to expire, the council must reauthorize it for an additional three months. Mr. Taylor stated staff recommends renewal of the moratorium. MOTION: Council Member Newcomb made a motion to approve a three-month extension of the Apartment Moratorium. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (B) Annexation Request (100% of owners requesting annexation) - .68 acre tract - Land Lot 239, Parcell 0, I ih District, 2nd Section, Cobb County - 132 Early Parkway - Susan D. Hiott Mr. Taylor stated 100% ofthe owners of the subject property have requested annexation of this tract of approximately .68 acres located in Land Lot 239, Parcell 0 at 132 Early Parkway. Mr. Taylor stated the legal description of the subject property has been reviewed by the City Engineer and found to be in order. Mr. Taylor stated staff recommends approval of the application for annexation of the subject property with an effective date of February 1, 2007. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - January 2,2007 2 MOTION: Council Member Wood made a motion to approve annexation ofa .68 acre tract in Land Lot 239, Parcell 0, 1 ih District, 2nd Section, Cobb County at 132 Early Parkway for Susan D. Hiott to become a part of Ward 7 with an effective date of February 1,2007. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - PRIVILEGE LICENSE: (A) Public Hearing - privilege license request - retail package sales (beer and wine)- CVS Pharmacy #4470 - 2994 Atlanta Road - Kimberly D. Hamilton, agent applicant Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to table the privilege license request for retail package sales of beer and wine for CVS Pharmacy #4470 at 2994 Atlanta Road for Kimberly D. Hamilton, agent applicant until the January 16, 2006 meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 - O. (B) Public Hearing - privilege license request - retail pouring (beer and wine) - AmeriSuites - 2876 Spring Hill Parkway - Timothy P. Burns, agent applicant Mr. Taylor stated inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. Burns, and Mr. Burns provided details to those present concerning AmeriSuites. Ms. Pritchett advised Mr. Burns that local authorities will, from time to time, conduct undercover inquiries to help gauge the compliance of businesses licensed to sell alcoholic beverages with pertinent regulations. Council Member Pritchett asked Mr. Burns if he has completed the required responsible alcoholic sales and service class, and Mr. Burns answered in the affirmative. - MOTION: Council Member Pritchett made a motion to approve the privilege license request for retail pouring of beer and wine for AmeriSuites at 2876 Spring Hill Parkway for Timothy P. Burns as agent. The motion was seconded by Council Member Newcomb. Motion was approved 7 -0. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of December 18, 2006 minutes - January 2.2007 3 (B) Approval to award the concept design for the Atlanta Road Improvements to ARCADIS The Atlanta Road Improvements is one of the projects identified in the SPLOST. It calls for replacing the center turn lane with a raised landscaped median and constructing a bike path. The project limits are from Spring / Concord Road to Ridge Road. This concept will allow us to hold public meetings and solicit comments before doing the actual engineering design. The City Engineer and our program management firm Croy-MSE have reviewed this proposal and recommend approval. - (C) Abandon a 20 foot alleyway between 1497 Whitfield Street and 1469 Whitfield Street and authorize Mayor to execute all necessary documents to convey the alleyway to the adjacent property owners at such addresses. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at the time of this vote) COMMITTEE REPORTS: Council Member Wood wished everyone a Happy New Year. - Council Member Lnenicka expressed condolences to the family of Council Member Smith for the recent loss of his father, Mr. Harold A. Smith. Council Member Lnenicka reported that Hayes Clayton, Jr. of Marietta was killed in action in Iraq on Christmas Day. Council Member Lnenicka stated the tragic loss of this young man underscores the sacrifices the members ofthe U. S. Armed Forces are making so that we can continue to live in a free country. Council Member Lnenicka expressed appreciation to the men and women of the U. S. Armed Forces for their efforts on behalf of all American citizens. Council Member Lnenicka wished everyone a Happy New Year. Council Member Smith wished everyone a Happy New Year. Council Member Smith reported that his father passed away on Sunday after a two-year bout with lung cancer. Council Member McNabb expressed condolences to the family of Council Member Smith for the recent loss of his father. Council Member McNabb commented favorably about the City's New Year's Eve celebration, and stated he looks forward to next year's festivities. Council Member Scoggins expressed condolences to the family of Council Member Smith for the recent loss of his father. Council Member Scoggins stated Mr. Harold A. Smith was a good friend of his, and that he will be missed by many in this community. Council Member Scoggins wished everyone a Happy New Year. Council Member Newcomb expressed condolences to the family of Council Member Smith for the recent loss of his father. Council Member Pritchett wished everyone a Happy New Year. Council Member Pritchett expressed condolences to Council Member Smith and his family for the recent loss of his father. Mr. Taylor wished everyone a Happy New Year. Mr. Cochran expressed condolences to Council Member Smith for the recent loss of his father. - January 2, 2007 4 Ms. Hiott expressed condolences to Council Member Smith and his family for the recent loss of his father, Mr. Harold A. Smith. Ms. Hiott stated she is happy to be a resident ofthe City of Smyrna. - APPEAL HEARINGS: Appeal Hearing - Decision by City License and Variance Board on December 13,2006 -license suspension for Fire Code violation - SEa Entertainment, Inc. DBA Wings Fiesta - 2500 South Cobb Drive, Suite C - Myung Sook Seo, agent Mr. Cochran stated the legal counsel for Wings Fiesta (WF) has advised him that their appeal of the decision by the City License and Variance Board is withdrawn. Mayor Bacon recognized Mr. Jeremy Citron, an attorney representing WF, and Mr. Citron confirmed the withdrawal of the appeal. MOTION: Council Member Smith made a motion to accept the withdrawal ofthe appeal of the decision by City License and Variance Board on December 13,2006 concerning the license suspension for Fire Code violation at SEa Entertainment, Inc. DBA Wings Fiesta at 2500 South Cobb Drive, Suite C, Myung Sook Seo, agent. The motion was seconded by Council Member Wood. Council Member Lnenicka asked if the remaining balance of the period of suspension imposed by the City License and Variance Board on December 13,2006 will once again go into effect at 12:01 a.m. on the next day, and Mr. Cochran answered in the affirmative. Mr. Cochran stated consulation with Ofc. Maloney revealed that there are 59 days remaining on the period of suspension imposed by the License and Variance Board. Council Member McNabb stated an audit of the receipts of Wings Fiesta should be conducted to ensure that the required ratio for food to alcohol sales is being met at that establishment. Motion was approved 7 - o. - CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 8:03 p.m. - - - - January 2,2007 A. MAX BACON, MAYOR ') I "-..-' ~ \ ..--c.- ~s a4~cJ~ CHARLES PETE WOOD, WARD 7 5 ~Ck)~~ SU AN D. HIOTT, CITY CLERK 0,. )JG RON NEWCOMB, WARD 2 {AJ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 239 Acres .68 2006-24 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on Januarv 2, 2007 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests ofthe property owners ofthe area to be annexed and of the citizens ofthe municipality; and WHEREAS, at a regular meeting ofthe City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Counci I of the City of Smyrna, this ~. Janu~,2007 J ~ ~ A. Max Bacon, Mayor ~o.w~ Susan D. Hiott, City Clerk City of Smyrna ~ . - Scott A. Cochran, City Attorney City of Smyrna - Ordinance 2006-24 Exhibit "A" All that certain property situated and being in Land Lots 239 and 240 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Parcell 0 in Land Lot 239, and more particularly described as follows: BEGINNING at the intersection of the southern right-of-way of Early Parkway with the eastern lot line of Land Lot 239, said point being the POINT OF BEGINNING; thence southerly along the eastern lot line of Land Lots 239 and 240 a distance of 285 feet to a point; thence northwesterly a distance of 118.1 feet to a point; thence northerly a distance of259.9 feet to a point on the southern right-of-way of Early Parkway; thence easterly along said right-of-way of Early Parkway a distance of 100 feet to the POINT OF BEGINNING. Said tract comprises .68 acres, more or less. - ...