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10-20-2008 October 20, 2008 - October 20. 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, Assistant City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library Director Michael Seigler, Finance Director David Boyd, Community Development Director Ken Suddreth, Police Chief Stan Hook, Human Resources Director Chris Corey, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon and representatives of the press. Invocation was given by Pastor Rich Landers from Log Cabin Community Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4A (Rezoning Request 208-006) will be tabled to the next meeting. MAYOR'S REPORT: Mayor Bacon recognized Judge Tain Kell, who provided details to those present concerning his campaign for the post of Cobb County Superior Court judge. ...... Mayor Bacon recognized Mr. Hunter Hill, who provided details to those present concerning his campaign for a post in the State senate. Mayor Bacon recognized Mr. Mike Perkins, faculty members and students from Nickajack Elementary School, and the students presented this month's character education program. Mayor Bacon recognized Ms. Holly Barnes, who presented the proceeds from the Delmar Gardens fundraiser event for the benefit of the Shop with a Hero program to Chief Lanyon. Chief Lanyon introduced Lt. Robert Harvey from the police department and Ms. Jo Dolan from the fire department, and commended them for their assistance with this program. Mayor Bacon recognized Mr. Don Whitney, representing the U. S. 10k Classic, and Mr. Whitney provided details to those present concerning this year's U. S. 10k Classic event. Mr. Whitney announced that the U. S. 10k Classic will match the $4,000 raised by Delmar Gardens for the Shop with a Hero program. Mr. Whitney thanked the present officials and staff for their cooperation with this annual event. Council Member McNabb read a Proclamation in Recognition of National Make a Difference Day to those present. Mayor Bacon recognized Mr. Bill Strickland, who provided details to those present concerning an upcoming homeowners workshop to be presented by the Smyrna Housing Authority. "".,. October 20. 2008 2 LAND ISSUES/20NINGSI ANNEXATIONS: - (A) Public Hearing- Rezoning Request 208-006 - GC and R-15 to MU - southwest corner of Windy Hill and Atlanta Road - Land Lots 447,489,490,519 and 520 - 47.49877 acre tract - City of Smyrna Mayor Bacon asked if there is anyone present in connection with this matter, and there was no response. MOTION: Council Member Anulewicz made a motion to table Rezoning Request 208-006 from GC and R-15 to MU at the southwest comer of Windy Hill and Atlanta Road for Land Lots 447, 489, 490, 519 and 520 for a 47.49877 acre tract for the City of Smyrna until the November 3, 2008 council meeting. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Resolution in support of the proposed Cobb County parks bond Council Member Lnenicka read A Resolution by the Mayor and Council of the City of Smyrna, Georgia in support of the proposed park bonds issue by the Cobb County Government for the purpose of providing funds to acquire land located in Cobb County for use as public parks in perpetuity to those present. - MOTION: Council Member Lnenicka made a motion to approve adoption of A Resolution by the Mayor and Council ofthe City of Smyrna, Georgia in support of the proposed park bonds issue by the Cobb County Government for the purpose of providing funds to acquire land located in Cobb County for use as public parks in perpetuity. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of October 6, 2008 minutes (B) Approval of use of Council Chambers for a meeting of the Williams Park Neighbors on Tuesday, October 21, 2008 from 7:00 pm until 9:00 pm (C) Request Approval for Atkins Park Fall Tailgate Classic 2008 on October 25, 2008, 3 :00 p.m. - 11 :00 p.m. - (D) Approval of Cobb County DOT ROW deed and temporary construction easement for Spring Road enhanced sidewalk project CSCMQ-0006-00 (876)/Dl IFO and authorize mayor to execute the agreements October 20. 2008 3 ..... 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: Council Member Pritchett recognized Ms. Hiott, who provided details to those present concerning recent court services operations. Ms. Hiott provided details to those present concerning early and advance voting. Council Member Pritchett urged everyone to exercise their right to vote. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. Council Member Newcomb commented on the various voting locations available and the convenience of early voting options. ...... Council Member Anulewicz encouraged everyone to vote and provided details to those present concerning the Ward 3 voting precinct location. Council Member Anulewicz invited everyone to attend the upcoming Jonquil Festival. Council Member McNabb provided details to those present concerning the sale of jonquil bulbs by KSB. Council Member McNabb provided details to those present concerning the recent Adopt-a-Mile cleanup and thanked those volunteers for their efforts. Council Member McNabb encouraged everyone to mulch seasonal yard waste. Council Member McNabb expressed condolences to Ms. Kirk and her family for the recent loss of her mother. Council Member McNabb recognized Mr. Stokes, who provided details to those present regarding current Public Works Department projects. Council Member Newcomb thanked Mr. Stokes and the present officials for their support ofthe sidewalk project on Lake Park Drive. At Council Member Lnenicka's request, Mr. Stokes provided additional information regarding a culvert project in the vicinity of Shawnee Trail. Council Member McNabb encouraged everyone to attend the Jonquil Festival and to familiarize themselves with their polling location Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning upcoming City events. Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning use statistics and current and upcoming programs and events for the City Library. Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning Parks and Recreation Department activities and projects. Council Member Smith encouraged everyone to vote in the upcoming election and commented on the convenience of mail-in voting. Council Member Lnenicka reminded residents of Collier Gate and Montclair about their upcoming HOA meetings and commented favorably about the recent HOA meeting for Paces Ferry North. Council Member Lnenicka commented favorably about the recent Brinkley Park dedication. .... Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon reminded everyone to adjust their clocks for daylight savings time and to check batteries in smoke detectors. Chief Lanyon encouraged everyone to be safety conscious during the upcoming Halloween festivities. October 20. 2008 4 Chief Lanyon provided details to those present concerning a new outdoor siren system which was recently installed in the City. - Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning recent City police operations. Council Member Lnenicka warned everyone to keep their garage doors closed to help prevent break-ins. Council Member Lnenicka encouraged everyone to exercise their right to vote. Council Member Lnenicka expressed condolences to Ms. Kirk and her family for the recent loss of her mother and to the Keith family who recently lost a member of their family. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to the present officials regarding recent tax collections. Council Member Wood encouraged everyone to vote. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry thanked Council Member McNabb for allowing him to attend a recent HOA meeting, and commended Council Member Anulewicz for attending HOA meetings in Ward 3. Mr. Backry stated he believes upcoming HOA meetings should be publicized through inserts in utility bills. Mr. Backry stated he would like to see the City's leadership at a town hall meeting which is publicized in advance. Mr. Backry stated he wants to know more about proposed financing for the Belmont Hills redevelopment and how taxpayers could be affected by such plans. - Mayor Bacon recognized Mr. Ron Krumme, residing 1456 Montclair Court, and Mr. Krumme requested that a measure for eliminating breed-specific requirements for dog muzzles in the City dog park be considered. Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 1078 Oakview, and Ms. Kirkendoll expressed concerns about what she considers to be lack of information about the City's future and a lack of quality development. Ms. Kirkendoll expressed the view that development in Smyrna lags that of Atlanta and other communities. Ms. Kirkendoll expressed concerns about conditions on abandoned properties in the City. Ms. Kirkendoll expressed concerns about the condition of a retaining wall at Pinehurst and King Springs. Ms. Kirkendoll commented favorably about pedestrian trails and bicycle paths found in other communities. ADJOURNMENT: With no further business, the meeting was adjourned at 8:48 p.m. ...... - t-.... .... .-' ! ...... ,- October 20. 2008 5 ~o.~ SUSAN D. HIOTT, CITY CLERK A. MAX BACON, MAYOR ~t>,v J ~ RON'NEWCOMB, WARD 2 TERI ANULEWICZ , WARD 3 MIC ~ JIMMY D. SMITH, WARD 5 WADE S. LNENICKA, WARD 6 (!~~ ~ CHARLES PETE WOOD, WARD 7 ORDINANCE No. 2008-15 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 94, TAXATION, ARTICLE III TAXATION OF ROOMS, LODGING AND ACCOMODATIONS, SECTION 94-51 DEFINITIONS, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO CHANGE THE DEFINITION OF PERMANENT RESIDENT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 94, Section 94-51, Definitions, City of Smyrna, Georgia, be amended to read as follows: Permanent resident means any occupant as of a given date who has or shall have occupied or has or shall have the right of occupancy of any guestroom in a hotel for at least thirty consecutive days next preceding such date. 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 Conncil tbis 3rd day /~ A. Max Bacon, Mayo Attest: g~[J.Yi~ Susan D. Hiott, City Clerk City of Smyrna APpV~ Scott A. Cochran, City Attorney -- - ... Whereas: Whereas: Whereas: Whereas: - Therefore: Resolution No. R2008 - 10 A Resolution by the Mayor and Council of the City of Smyrna, Georgia, in support the proposed park bonds issue by the Cobb County Government for the purpose of providing funds to acquire land located in Cobb County for use as public parks in perpetuity Of the 220,000 total acres ofland in Cobb County, more than 90 percent has been developed, and as the area of undeveloped land diminishes, there is a corresponding increase in the cost of available land suitable for use as public parks, and; In 2006, Cobb County voters overwhelmingly approved the issue of a $40 million bond to acquire park land, and County authorities have worked diligently to enhance quality of life in this regard by purchasing more than 300 acres of greenspace, and; A large area of prime land in Cobb County has been preserved - without increasing taxes - by means of the 2006 parks bond issue, ensuring that future generations will be able to enjoy the natural beauty and unique character ofthese sites, and; The Cobb County master plan calls for 10.5 acres of park space per 1,000 residents, and in pursuance of this worthwhile objective, another park bonds issue in the amount of $40 million has been proposed for the purpose of providing funds to acquire land located in Cobb County for use as public parks in perpetuity, and; Be it resolved that the Mayor and City Council of the City of Smyrna does hereby support the proposed park bonds issue by the Cobb County Government for the purpose of providing funds to acquire land located in Cobb County for use as public parks in perpetuity. HEREOF, this Resolution has been duly adopted by the governmg City of Smyrna, Georgia on the 20th day of October, 2008. A. MAX BACON, MAYOR Attest: ~ It.. ~1lD ~. ~. S SAN D. HIOTT, CITY CL K ...