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10-06-2008 October 6, 2008 October 6, 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, Community Development Director Ken Suddreth, Planners Rusty Martin and Scott Smith and representatives of the press. Invocation was given by Pastor Ted Holly from Vinings First Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated Rezoning Request Z08-006 will be tabled to the October 20, 2008 meeting. *MOTION: Council Member Wood made a motion to suspend the rules for the purpose of adding an item to the consent agenda. The motion was seconded by Council Member Lnenicka. Motion to suspend the rules was approved 7 - O. *MOTION: Council Member Lnenicka made a motion to add Approval of memorandum of agreement and memorandum of understanding with the u.s. Department of Homeland Security regarding the United States Citizenship and Immigration Services Systematic Alien Verification for Entitlements Program and authorize the Mayor to execute related documents to the consent agenda. The motion was seconded by Council Member Smith. Motion to add the item was approved 7 - O. - MAYOR'S REPORT: Mayor Bacon recognized Mr. Bobb Ott, and Mr. Ott provided details to those present concerning his campaign for a post with the County Board of Commissioners. Mayor Bacon recognized Mr. Ron Younker, and Mr. Younker provided details to those present concerning his campaign for a post on the County School Board. Mayor Bacon recognized Sheriff Neil Warren, and Sheriff Warren provided details to those present concerning his reelection campaign. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing- Variance Request V08-028 - Reduction of required minimum side setback from 10' to 5' - 2626 Evergreen Trail - Barina Lodin Aurah Mr. Wright stated the applicant has requested a setback in order to build a carport and deck. Mr. Wright stated the request was forwarded to the city council for consideration in response to opposition. Mr. Wright stated staff recommends approval ofthe request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Suddreth provided additional information to the present officials concerning this variance request. - October 6, 2008 3 (C) Award bid for fitness equipment for Aline Wolfe Adult Recreation Center for 14 pieces of Life Fitness equipment in the amount of $38,886.99 and authorize the Mayor to execute related contract documents - (D) Approve contract with First Express Pay for online utility payment system and authorize the Mayor to execute related contract documents (E) Approval of use of council chambers for a Ward 4 town hall meeting on Tuesday, October 7, 2008 at 7:30 p.m. (F) Resolution giving authorization to acquire property located within Land Lots 447, 490, 489,519 and 520, 17th District, 2nd Section, Cobb County, Georgia for transportation purposes *(G) Approval of memorandum of agreement and memorandum of understanding with the U.S. Department of Homeland Security regarding the United States Citizenship and Immigration Services Systematic Alien Verification for Entitlements Program and authorize the Mayor to execute related documents MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. COMMITTEE REPORTS: - Council Member Pritchett read an article published in the September 25,2008 edition of the Marietta Daily Journal concerning Ms. Hiott's completion of the Master Municipal Clerk certification program and other accomplishments. Council Member Pritchett praised Ms. Hiott for her numerous achievements. Council Member Pritchett provided details to those present concerning an upcoming workshop for home maintenance to be presented by the City Housing Authority. Council Member Newcomb recognized Mr. Suddreth, who introduced a new planner, Mr. Scott Smith, to those present. Council Member Anulewicz provided details to those present regarding a Ward 3 town hall meeting scheduled for October 23. Council Member McNabb provided details to those present regarding a Ward 4 town hall meeting scheduled for tomorrow evening. Council Member McNabb commented on the handling of the nation's finances by the U. S. Congress. Council Member Smith commented on the importance of the upcoming general election and urged everyone to exercise their right to vote. Council Member Smith provided details to those present concerning the Brinkley Park dedication and temporary park closings for the purpose of maintenance. - Council Member Lnenicka provided details to those present concerning the public safety recognition program conducted at the Chamber of Commerce meeting held this morning. Council Member Lnenicka stated that commemorative pavers are still available for the Veterans Memorial. Council Member Lnenicka thanked the members of the Paces Ferry North HOA for their participation in a recent meeting he attended. October 6. 2008 4 Council Member Wood yielded the floor with no report. Ms. Hiott provided details to those present concerning early voting which will be available at satellite locations. Ms. Hiott thanked the present officials for their support of her efforts to continue her professional education. - Mayor Bacon provided details to those present concerning a proposal he recently received regarding possible reduction of City sanitation services as an economy measure. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry provided details to those present concerning a recent infrastructure break near his residence and commented unfavorably about the standard of service received in connection with it. Mr. Backry expressed concerns about conditions on some lots at bankrupt construction sites. Mr. Backry expressed the view that the recent SPLOST measure was not sufficiently publicized. Mr. Backry stated he is disappointed that the City's DUI Task Force has been disbanded. Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin expressed concerns about conditions on certain properties in the City which have been cleared for development and then left vacant and unfinished. Mayor Bacon stated one of the locations referenced during citizens input is a State project which is offlimits to the City. Mayor Bacon stated progress on the Jonquil Plaza project has slowed while the developer tries to arrange financing. Mayor Bacon acknowledged that rezoning activity has slowed in Smyrna in recent months. - ADJOURNMENT: With no further business, the meeting was adjourned at 8: 17 p.m. - October 6, 2008 - A. MAX BACON, MAYOR ;J{~~ TERI ANULEWtCZ , WARD 3 I I i - ?f-., /" /./ L....--- /" . / \-----/... ----------- - CHARLES PETE WOOD, WARD 7 - 5 g~A1JD,W~ SUSAN D. HIOTT, CITY CLERK cJ2~~ . RON NEWCOMB, WARD 2 ~~ABfl7::ldt STATE OF GEORGIA ... COUNTY OF COBB CITY OF SMYRNA RESOLUTION NO. 2008-9 WHEREAS, the City through its elected officials find it necessary for public transportation purposes to acquire the property described in Exhibit "A" attached hereto; and WHEREAS, the City finds that such acquisition is necessary to meet increased demands on the municipal street system. NOW, THEREFORE, it is hereby resolved that the City finds it necessary for public transportation purposes and in the best interest of City citizens that the property more particularly described in Exhibit "A" attached hereto be acquired by any and all methods available including but not limited to voluntary transfers and the exercise of eminent domain powers. The City is ... authorized to acquire all title, estate or interest in such property by all methods available including exercising the power of eminent domain. The City further concludes that it is desirable to have judicial ascertainment of questions connected to the acquisition and authorizes the City attorney or his designee to file a proceeding in rem condemning the property or interests in the property or portions thereof, upon payment of just and adequate compensation. This 6th day of October, 2008. / Attest: - QY~ll IJ. '1!dl6- Susan D. Hiott, City Clerk ... - - Resolution #2008-9 Exhibit" A" All that tract or parcel of land lying and being in Land Lots 447, 490, 489, 519 and 520, of the 17th District, 2nd Section, of Cobb County, Georgia, and being more particularly described as "Middle Street", "Central Parkway" and "South Residential Access Road", as shown on the Proposed Roadway Plat, prepared for the City of Smyrna by Clyde R. Eldredge, Georgia Registered Land Surveyor, LAI Engineering, dated June 13, 2008, which is attached hereto as Exhibit "B" and incorporated herein by reference.