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02-19-2007 February 19, 2007 Council Meeting February 19. 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 except Council Member McNabb. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Economic Development Coordinator Alan Durham, Community Development Director Ken Suddreth, Assistant City Administrator Eric Taylor and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 6 B (Public Hearing - Approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district (TAD) application) will be tabled until the March 5, 2007 meeting. Mayor Bacon stated item 6 D (Amendment of Atlanta Road Corridor Redevelopment Plan and tax allocation bond district) will be added to the agenda. *MOTION: Council Member Scoggins made a motion to suspend the rules to add an item to the agenda. The motion was seconded by Council Member Pritchett. Motion was approved 6 - o. ... *MOTION: Council Member Lnenicka made a motion to add item 6 D (Amendment of Atlanta Road Corridor Redevelopment Plan and tax allocation bond district) to the agenda. The motion was seconded by Council Member Newcomb. Motion was approved 6 - o. MAYOR'S REPORT: Mayor Bacon recognized Mr. Stokes, and Mr. Wright provided details to those present concerning the certifications Mr. Stokes has received from the Public Works Management Institute. Mr. Wright stated these instructional programs were created because there are now many areas in which public works professionals must be proficient. Mr. Wright commented favorably about Mr. Stokes' professional capabilities. Mayor Bacon stated he has learned that the City's agreement for the Campbell Middle School location is not be renewed by the County School Board. Mayor Bacon provided details to those present regarding other planned parks facilities improvements. Mayor Bacon stated that cigarette litter is perhaps the worst source of trash left along public roadways and that possible measures to discourage this type of littering will be examined. LAND ISSUES/ZONINGS/ ANNEXA nONS: (A) Public Hearing - Rezoning Request Z07-001 - zoning amendment - Sherwood Road- Weaver and W oodbery - February 19,2007 2 Mr. Wright stated the applicant has requested to amend the site plan to reduce the number of units by two in order to add some amenities to the development. Mr. Wright stated staff recommends approval of the request subject to a number of conditions. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Garvis Sams, an attorney representing Weaver and Woodbery (WW), and Mr. Sams provided details to those present concerning the requested site plan revision. Mr. Sams stated the proposed revision will entail elimination of two detached single-family structures from the 10.9 acre tract which will reduce the overall density from 7.5 units per acre to 7.32 units per acre. Mr. Sams stated the planned amenity feature will comprise a swimming pool and a cabana facility. Mr. Sams stated the plan submitted for approval comports with the recommendations of the City staff. MOTION: Council Member Wood made a motion to approve Rezoning Request 207-001 for a a zoning amendment near Sherwood Road for Weaver and Woodbery subject to the following conditions: I. The developer shall add three additional parking spaces to site plan for the amenity package dated November 17,2006. 2. The developer shall comply with the city's current tree ordinance. All required protection measures shall be adhered to by the developer during construction. 3. All landscape plans must be prepared, stamped and signed by a Georgia Registered Landscape Architect for any common areas. - 4. All common areas are to be sodded, and landscaped. Irrigate as appropriate. Motion was approved 6 - O. (B) Public Hearing - Rezoning Request 207-039 - Land Lot 604 and 621 - 2.24 acre tract- Cooper Lake, LLC To be tabled until the March 19,2007 meeting Mayor Bacon asked if there is anyone present in connection with this rezoning request, and there was no response. MOTION: Council Member Lnenicka made a motion to table Rezoning Request 207-039 for Land Lot 604 and 621 for a 2.24 acre tract for Cooper Lake, LLC until the March 19, 2007 meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 6 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Public Hearing - Approval of Belmont Hills redevelopment project within the Atlanta Road Corridor tax allocation district (TAD) application - February 19,2007 3 - Mr. Durham provided details to those present concerning the redevelopment plan proposed by Halpern Enterprises (HE) and Southeast Capital for the 48-acre Belmont Hills property. Mr. Durham stated the current gross value of the subject property is $16,800,000 and is projected to increase to approximately $251,000,000 when the proposed redevelopment is complete. Mr. Durham introduced Mr. Jack Halpern to the assembly, and Mr. Halpern provided details concerning the Belmont Hills property and showed graphic representations of the proposed redevelopment to those present. Mr. Halpern stated a TAD was created in 2003 by the City which includes Belmont Hills. Mr. Halpern stated the goals of the TAD include creation of incentives and partnerships to facilitate redevelopment of Belmont Hills and that HE has since been studying proposals to identify the best possible plan for the subject area. Mr. Halpern stated the redevelopment plan as proposed cannot be realized without TAD funding. Mr. Halpern pointed out that the City and other local government entities would have no liability for re- payment of TAD bonds. Mr. Halpern provided a summary of other benefits to the community, including increased sales tax revenues, which are expected to be realized as a result of this redevelopment proposal. Mayor Bacon stated he did not support an earlier proposal for redevelopment of Belmont Hills which included a Wal-Mart. Mayor Bacon stated the proposal presently under consideration represents a good opportunity to create a mixed-use development which provides variety the community needs. Mayor Bacon stated a TAD is needed to bring about the type of change everyone wants to see in the subject area. Mayor Bacon asked Mr. Cochran if the City of Smyrna will be responsible for repayment of any bonds issued in connection with the TAD measure under consideration, and Mr. Cochran said no. Mayor Bacon stated Belmont Hills is an essential component of the redevelopment plans for the northern section of the City. Mayor Bacon stated this is a public hearing and asked for public comment. - Mayor Bacon recognized Mr. Henry Bennett, and Mr. Bennett provided details to those present concerning a benevolent organization he is associated with called Recycling for Humanity (RH). Mr. Bennett stated he would like to see RH involved in this proposed project. Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin expressed support for the Belmont Hills project. Mr. Martin asked where parking would be provided for this project, and Mr. Halpern used a graphic representation of the proposed re- development to illustrate where parking areas would be located. - Mayor Bacon recognized Mr. Richard Pecha, residing at 2667 Brown Circle, and Mr. Pecha expressed views about the way in which HE conducts business and leases space. Mr. Pecha expressed the view that the 1988 renovation ofthe subject property consisted mainly of a fayade. Mr. Pecha suggested that perhaps TAD money should be used to build schools. Mr. Pecha stated he would be offended if he lived in an apartment complex near Belmont Hills and heard a representative of the City state that reduction in the number of students in the subject area is an objective of redevelopment. Mr. Pecha stated the proposed redevelopment may not necessarily result in a reduction in the number of school-aged children in the subject area. Mr. Pecha suggested to Mr. Halpern that the TAD be used to help senior citizens on fixed incomes. Mr. Pecha stated he wants to be certain that TAD funds would not be used to buyout existing leases at Belmont Hills. Mayor Bacon stated the subject location is not really blighted, and the TAD is for economically depressed areas. Mayor Bacon stated leases have not been renewed at Belmont Hills as a preparation for possible redevelopment of the subject property. Mayor Bacon stated a limited renovation of the subject property such as the one done in 1988 could be repeated again without TAD assistance. Mayor Bacon stated local schools are overcrowded and effective redevelopment can decrease the number of students. Council Member Newcomb stated February 19.2007 4 elimination of apartments is not an objective of redevelopment. Council Member Newcomb stated research conducted some years back identified a need to achieve a more favorable ratio of owner occupied housing to rental housing in Smyrna. Council Member Newcomb stated a large number of apartments in any given area tends to impart a high level of transience among the corresponding student population. Council Member Newcomb stated stability is a benefit of achieving the right balance between owner occupied housing and rental housing. Mr. Pecha stated more tact should used when expressing views. Mayor Bacon stated there is an approved line item list for TAD funds uses. Mr. Pecha asked if areas occupied by tenants with long leases will be developed last, and Mr. Halpern stated demolition of the existing structures is planned. At Council Member Newcomb's request, Mr. Cochran provided details to those present concerning the manner in which use of TAD bond funds is monitored and regulated. Mr. Wright stated staff recommends approval of the Belmont Hills redevelopment plan as proposed. Mr. Wright stated no government funds go to pay back TAD bonds. Council Member Wood provided a re- capitulation of financial statistics concerning the subject property and proposed redevelopment to those present. - MOTION: Council Member Wood made a motion to approve the application for the Belmont Hills redevelopment project within the Atlanta Road Corridor tax allocation district. The motion was seconded by Council Member Pritchett. Council Member Smith stated he will support this measure. Council Member Newcomb stated the voters have expressed a preference for a better type of redevelopment in the City which only a TAD measure can make possible. Council Member Newcomb stated he is persuaded that the redevelopment of Belmont Hills as proposed will promote other quality redevelopment in the area surrounding it. Council Member Newcomb stated he will support this measure. Mayor Bacon stated he does not believe the City will be requesting further TAD assistance after this application is submitted. Council Member Lnenicka thanked Mr. Halpern and the associates of Halpern Enterprises for being a part of the Smyrna community for many years and for the confidence they have in the City as evidenced by their commitment to a project ofthis magnitude. Council Member Lnenicka expressed appreciation to the City staff for their diligence and hard work in connection with this project. Council Member Lnenicka stated he would like to thank the County School Board and Board of Commissioners in advance for their support of this proposal. Council Member Lnenicka provided details to those present concerning steps taken by the City's leadership over the last twenty years to revitalize the City. Council Member Lnenicka stated the City of Smyrna remains a role model for redevelop- ment throughout the nation. Council Member Lnenicka thanked the citizens for their support, and stated he will support this measure. Mayor Bacon expressed the view that approval of this measure is important because the redevelopment as proposed cannot move forward without TAD assistance. Motion was approved 6 - O. - (B) Public Hearing - Approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district (TAD) application Mayor Bacon asked if there is anyone present in connection with this rezoning request, and there was no response. MOTION: Council Member Scoggins made a motion to table approval of Highlands Apartments redevelopment project within the Atlanta Road Corridor tax allocation district (TAD) application until the March 5, 2007 meeting. Motion was approved 6 - O. - February 19.2007 5 (C) Approval of water and sewer rate proposals - Mr. Wright stated wholesale water and sewer treatment rates have increased, and projected capital needs for system upgrades and repairs have been evaluated. Mr. Wright stated changes to the water and sewer rate structure have been proposed to cover these various increased expenses. Mr. Wright stated staff recommends approval of the rate changes to be effective with the April 2007 billing. Council Member Wood stated the proposed rate change will entail increases of 2% for storm water fees, 4% for sewer and base rates and 9% for water. Council Member Wood stated a residential customer using up to 7,000 gallons monthly will see a billing increase of up to $3.50 monthly. MOTION: Council Member Wood made a motion to approve the water and sewer rate proposals as described. The motion was seconded by Council Member Newcomb. Motion was approved 6-0. (D) Amendment of Atlanta Road Corridor Redevelopment Plan and tax allocation bond district Mr. Wright stated the proposed amendments will provide for changes in the redevelopment plan for the Belmont Hills project. Mr. Wright stated staff recommends approval of the amendment. MOTION: Council Member Wood made a motion to approve amendment of Atlanta Road Corridor Redevelopment Plan and tax allocation bond district. The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. (Clerk's Note: Council Member Lnenicka was not present at the time of this vote) - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of February 5, 2007 minutes (B) Approval of use of Council Chambers for a meeting of the Creatwood at Vinings HOA on Sunday, March 4, 2007 at 6:00 p.m. (C) Approval of Bid Award for Construction Management at Risk Services for Taylor- Brawner Park; RFP #7-018 and Authorization for Contract Execution with Potts Construction Services for RFP #7-018 and City of Smyrna MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 5 - O. (Clerk's Note: Council Member Lnenicka was not present at the time of this vote) COMMITTEE REPORTS: - Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning recent Public Works Department projects. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present regarding the recent tree dedication at the Arboretum. Ms. Kirk expressed appreciation to Floral Februarv 19.2007 6 Creations, the Parks and Recreation Department, Ms. Virginia Davis, the Tree Board and the KSB Board for their assistance with this event. Ms. Kirk provided details to those present concerning the toxic water pollutants introduced into the environment by cigarette waste. Ms. Kirk provided details to those present concerning steps KSB is taking to help alleviate this - problem. Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning City building statistics. Mr. Suddreth stated afuture development workshop has been scheduled for February 28 and citizen input will be solicited at this meeting. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present concerning recent court services activities. Ms. Hiott congratulated Ms. Cardi Early on her promotion to the position of court clerk. Ms. Hiott commented favorably about Ms. Early's dedication and ability. Council Member Scoggins thanked Mr. Halpern for attending this meeting. Council Member Scoggins indicated he believes many people would like to live in Smyrna. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning recent use statistics as well as current and upcoming programs and events for the City Library. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. Council Member Smith provided details to those present concerning a HOA he is trying to orgamze. - Council Member Lnenicka stated he will be meeting with the residents of Lois Point on Wednesday regarding a proposed development near their neighborhood. Council Member Lnenicka stated there will be a meeting of the Creatwood at Vinings HOA on Sunday, March 4 at City Hall. Council Member Lnenicka stated he will be Principal for a day at Campbell Middle School. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present concerning the National Institute of Governmental Purchasing (NIGP). Mr. Boyd stated Mr. Jack Millet has been nominated as a candidate for Region 5 representative to NIGP. Mr. Boyd wished Mr. Millet good luck in his quest for this post. Mr. Boyd stated applications for business licenses and other licenses will soon be available on the City website. Mayor Bacon recognized students from Kennesaw State University in attendance at this meeting. Mayor Bacon stated Council Member Smith will be on the Architectural Design Committee for the Belmont Hills project. - February 19,2007 7 CITIZENS INPUT: - Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry stated he is looking forward to being a candidate for mayor this year. Mr. Backry invited all mayoral candidates to participate in a televised debate. Mr. Backry stated the City's leadership must be firm in enforcement of tree buffer requirements. Mayor Bacon recognized Mr. Henry Bennett, and Mr. Bennett stated he is seeking funding for the Racial Harmony Foundation for promotion of brotherhood for all Smyrna residents. Mayor Bacon recognized Ms. Sam Sammons, residing in Ward 5 of the City, and Ms. Sammons expressed views and posed questions regarding a recent television report in which Mayor Bacon appeared and the Smyrna Housing Authority. Mayor Bacon recognized Mr. Richard Pecha, residing at 2667 Brown Circle, and Mr. Pecha Pecha expressed views about the way in which HE conducts business. Mr. Pecha stated some residents of the apartments near Belmont Hills are offended by statements to the effect that apartments should be eliminated to reduce the student population. Mr. Pecha stated there are elderly residents in his neighborhood who would like to receive TAD funds. Mr. Pecha expressed views about yards at houses. Mr. Pecha expressed views about expressing views in certain eating and drinking establishments. - Mayor Bacon stated he has tried to make certain that City officials are not involved in bidding and purchasing. Mayor Bacon stated there are not many full-time mayors in cities the size of Smyrna. Mayor Bacon stated the City's officials cannot tell the Smyrna Housing Authority (SHA) what to do with its money. Mayor Bacon stated other SHA funds are on deposit at Community Bank of the South. Mayor Bacon stated no one is above the law. ADJOURNMENT: With no further business, the meeting was adjourned at 9:44 p.m. - February 19,2007 8 ~/12~ uJ~ CHARLES PETE WOOD, WARD 7 " - ~JjJl--- RON NEWCOMB, WARD 2 MICHAEL McNABB, WARD 4 - -