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08-04-2008 August 4, 2008 August 4, 2008 - 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 City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, and representatives of the press. MAYOR'S REPORT: Mayor Bacon recognized Scoutmaster Jim Simpson and Boy Scouts from Troop 88, and Mr. Simpson provided details to those present concerning merit badges which the Scouts are working on which require attendance at a meeting of this type. Invocation was given by Associate Pastor Angelo Hunter from International Gospel Outreach Church, followed by the pledge to the flag led by Scouts from Troop 88. AGENDA CHANGES: There were none. Mayor Bacon recognized Mr. Bob Ott, and Mr. Ott provided details to those present concerning his candidacy for a post on the Cobb County Board of Commissioners. LAND ISSUES/ZONINGS/ ANNEXA nONS: There were none. - PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Adoption ofthe 2008 millage rate Mr. Wright stated the proposed property tax millage rate for this year is 8.99 mils. Mr. Wright stated that, although this rate is the same as the previous year's, it is anticipated that more tax revenue will be collected, so the rate has been advertised. Mr. Wright stated requirements of State law have been complied with in this process, and the rate will be in effect if approved by the city council at this meeting. MOTION: Council Member Wood made a motion to approve the 2008 City property tax millage rate of 8.99 mils. The motion was seconded by Council Member Newcomb. Council Member Newcomb emphasized that the millage rate is not changed and pointed out that, for the last seventeen years, that rate has either decreased or remained unchanged. At Council Member Newcomb's request, Mr. Wright provided details to those present concerning tax savings residential property owners in the City have realized from the council's efforts to trim tax rates. Motion was approved 7 - O. - August 4. 2008 2 (B) Appointment of Ward 3 representative to the Smyrna Housing Authority MOTION: Council Member Anulewicz made a motion to reappoint Bill Strickland to the post of Ward 3 representative to the Smyrna Housing Authority. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - (C) Appointment of Ward 1 representative to the Smyrna Hospital Authority MOTION: Council Member Pritchett made a motion to appoint Susan Levy to the post of Ward 1 representative to the Smyrna Hospital Authority. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of the July 21,2008 minutes (B) Authorize modifications to the previously approved Belmont Hills Development Agreement with Halpern Enterprises, including the letter of approval from Cobb County dated July 24, 2008, and authorize the Mayor to execute the agreement (C) Approve 2009 Smyrna Community Event dates (D) Ratification of partial road closure in the vicinity of Hawthorne Circle for a community outreach gathering on August 2,2008 from noon until 4:00 p.m. - (E) Approve street closings for 2008 Music at the Hall Fall concert series Thursdays, October 2,9,16, and 23 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Mayor Bacon reported that former City librarian Doris Morris recently passed away and provided details to those present concerning Ms. Morris' service to the community as a librarian. Mayor Bacon commented favorably about the Birthday Celebration held this weekend. Council Member Pritchett strongly encouraged everyone to vote tomorrow and expressed the view that current representation has been found wanting. Council Member Newcomb encouraged everyone to vote tomorrow. Council Member Newcomb expressed sadness at the recent loss of Ms. Morris and commented favorably on her contributions to the development of library services in the City. Council Member Newcomb expressed appreciation to Mr. Bob Davis who attended this meeting and provided the council with information about funeral arrangements for Ms. Morris. Council Member Anulewicz expressed agreement with comments made by Council Members - August 4, 2008 3 - Newcomb and Pritchett. Council Member Anulewicz commented favorably about the City Library and expressed appreciation to the late Ms. Morris for her role in creating a foundation upon which library services in the City have developed. Council Member Anulewicz commented favorably about the Birthday Celebration held in the City this weekend, and thanked the staff members who worked in concert to make this event a success. Council Member Anulewicz reminded everyone to vote tomorrow. Council Member McNabb provided details to those present concerning his experiences as a Boy Scout many years ago. Council Member McNabb commented on the nature of government proceedings, and thanked the Scouts for attending this meeting. Council Member McNabb commented favorably about the lessons learned in his Scouting days, and thanked the Scout- masters for their efforts. Council Member McNabb encouraged everyone to vote tomorrow, and pointed out that the right of citizens to vote is a hard-earned privilege. Council Member Smith commented favorably about the Birthday Celebration event. Council Member Smith thanked the Scouts for attending the meeting this evening. Council Member Lnenicka commented favorably about the Birthday Celebration held in the City this weekend, and thanked the staff members who helped make this event a success. Council Member Lnenicka expressed sadness at the loss of Ms. Morris and commented favorably about her service as librarian. Council Member Lnenicka encouraged everyone to vote tomorrow and expressed the view that voting is an obligation of citizenship. Council Member Lnenicka stated there are no acceptable alternatives to democracy. ... Council Member Wood commented favorably about the Birthday Celebration held this weekend. Council Member Wood stated he is glad to see the Boy Scouts at this meeting, and encouraged everyone to vote tomorrow. Mayor Bacon commented on the measure for modifications to the previously approved Belmont Hills Development Agreement which was approved at this meeting, and stated he hopes to see some action on this project soon. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry commented on the low turnout at the recent hearings held regarding the millage rate. Mr. Backry expressed the view that there should have been more of these hearings and the process should have been better publicized. Mr. Backry provided details to those present concerning a list of schools recently published in the local newspaper which were determined by education authorities to be deficient. Mr. Backry pointed out that some of these schools are in the City and that the students attending them can transfer to other schools. Mayor Bacon recognized Ms. Pam Lee, residing at 2829 Arden Way, and Ms. Lee provided details to those present regarding park facilities she would like to see built in the City. Council Member Pritchett stated there will be a walking trail built around Jonquil Park. ADJOURNMENT: With no further business, the meeting was adjourned at 8: 10 p.m. - August 4, 2008 A. MAX BACON, MAYOR /! (J c~~~,~~ 4 - on 'Q. c;[{~~t:b-. N D. HIOTT, CITY CLERK ~J JJL-- RON NEWCOMB, WARD 2 MICH EL McNABB, W A 4 fA~ -- WADE S. LNENICKA, WARD 6 - ORDINANCE No. 2008-12 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE VII, USE PROVISIONS, SECTIONS 719 AND 720, CITY OF SMYRNA, GEORGIA, BE AMENDED BY INCORPORATING REFERENCE TO THE MOST RECENT VERSION OF THE COMPREHENSIVE PLAN BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions, Sections 719 and 720, City of Smyrna, Georgia, be amended to read as follows: (719.1) Purpose and intent. The ROD is established to provide locations for mixed use development and redevelopment of commercial, office and residential uses which are pedestrian oriented and developed at a community or regional activity center scale and intensity. The district may be overlaid upon the RM-12, RHR, CBD and GC and zoning districts and either community activity center, high density residential or mixed-use land use categories. The mayor and council has determined that any redevelopment project approved within a ROD shall not establish any type of precedent for land use recommendations or future rezoning proposals outside of the boundaries of the ROD project. Those properties outside of the boundaries of a ROD project must provide uses compatible with other surrounding properties as defined and shown on the most recently adopted version ofthe City of Smyrna Comprehensive Plan. - (720.1 )Purpose and intent. The MU district is established to provide locations for planned mixed use development of commercial, office and residential uses. This is intended to encourage compatible mixed uses within the boundaries of properties delineated within or on the edge of a central business district, mixed use or community activity center as defined and shown on the most recently adopted version of the City of Smyrna Comprehensive Plan. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - ORDINANCE No. 2008-12 Approved by Mayor and Council this 18th day of August, 2008. Attest: (~il(lLV ,L) K.} Y/L&ri-- Susan D. HlOtt, CIty Clerk City of Smyrna Approved as to form: J~-- Scott A. Cochran, City Attorney ~_. 2 - A A. Max Bacon, Mayor -- - ORDINANCE No. 2008-11 ... AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 712, GC, GENERAL COMMERCIAL DISTRICT, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION IN RELATION TO CARNIVALS AND/OR CIRCUSES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 712.12.1, City of Smyrna, Georgia, be amended to read as follows: (712.12.1) Carnivals and/or circuses, provided that such activities are not operated within any road right of way, easement for vehicular access or parking lot, and provided that carnival rides, concessions, and other such activities be conducted at least 250 feet from any residential district. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - Approved by Mayor and Council this 18th day of August, 200 -fi A. Max Bacon, Mayor Attest: ~D<ji~ Susan D. Hiott, City Clerk City of Smyrna -