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12-01-2008 December 1, 2008 December I, 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 Pro Tern Wade S. Lnenicka at 7:30 o'clock p.m. All council members were present except Mayor Bacon and Council Members Pritchett and Smith. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Ken Suddreth and representatives of the press. Invocation was given by Reverend John Hearst from Mount Zion Baptist Church, followed by the pledge to the flag. Mayor Pro Tern Lnenicka reported that Mayor Bacon and Council Member Pritchett are absent due to illness, and that Council Member Smith is out of town. AGENDA CHANGES: There were none. MAYOR'S REPORT: Mayor Pro Tern Lnenicka recognized Principal Robert Babay and students from Argyle Elementary School, and the students presented the monthly character education word program. LAND ISSUES/ZONINGS/ ANNEXATIONS: ... (A) Public Hearing- Rezoning Request Z08-006 - 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 MOTION: Council Member Newcomb made a motion to table Rezoning Request Z08-006 from GC and R-15 to MU at the Southwest corner 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 to the December 15,2008 meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 4 - O. (B) Public Hearing - text amendment to Section 710 of the Zoning Ordinance - proposed text amendment to allow day nurseries and kindergartens as permitted uses in the 01 zoning district - City of Smyrna Mr. Wright stated the proposed amendment would allow day nurseries and kindergartens as permitted uses in the Office Institutional zoning district. Mayor Pro Tern Lnenicka recognized Mr. Suddreth, who provided additional details to those present concerning the proposed ordinance amendment. Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public. There was none. .. MOTION: Council Member Newcomb made a motion to approve text amendment to Section 710 of the Zoning Ordinance to allow day nurseries and kindergartens as permitted uses in the 01 December 1, 2008 2 zoning district. The motion was seconded by Council Member Anulewicz. Motion was approved 4-0. PRIVILEGE LICENSE: - There were none. FORMAL BUSINESS: (A) Reappointment of Ward 1 representative to the Planning and Zoning Board MOTION: Council Member Anulewicz made a motion to table reappointment of Ward 1 representative to the Planning and Zoning Board to the December 15, 2008 meeting. The motion was seconded by Council Member Newcomb. Motion to table was approved 4 - O. (B) Reappointment of Ward 4 Representative to Planning and Zoning Board MOTION: Council Member McNabb made a motion to reappoint Frank Pologruto for another two-year term on the Planning and Zoning Board effective January 1,2009. The motion was seconded by Council Member Wood. Motion was approved 4 - O. (C) Reappointment of Mayor's Representative to the Tree Board MOTION: Council Member Wood made a motion to table reappointment of Mayor's representative to the Tree Board to the December 15, 2008 meeting. The motion was seconded by Council Member Newcomb. Motion to table was approved 4 - O. - (D) Reappointment of Ward 3 Representative to the Tree Board MOTION: Council Member Anulewicz made a motion to reappoint Gretchen Musser as Ward 3 representative to the Tree Board for a four-year term to expire in August, 2012. The motion was seconded by Council Member Newcomb. Motion was approved 4 - O. (E) Appointment of Ward 5 Representative to the Tree Board MOTION: Council Member Wood made a motion to table reappointment of Ward 5 representative to the Tree Board to the December 15, 2008 meeting. The motion was seconded by Council Member McNabb. Motion to table was approved 4 - O. (F) Reappointment of Ward 6 representative to the Smyrna Tree Board MOTION: Council Member Anulewicz made a motion to reappoint Michael Streger as Ward 6 representative to the Tree Board for a four-year term to expire in August, 2012. The motion was seconded by Council Member Newcomb. Motion was approved 4 - O. (G) Reappointment of Ward 4 Representative to the Hospital Authority MOTION: Council Member McNabb made a motion to reappoint William Harvil to another four-year term on the Hospital Authority to expire in May, 2012. The motion was seconded by Council Member Newcomb. Motion was approved 4 - O. .... December 1. 2008 3 COMMERCIAL BUILDING PERMITS: There were none. - CONSENT AGENDA: (A) Approval of November 17,2008 minutes (B) Approval of the consolidation of the City of Smyrna's Short Term Disability, Long Term Disability, and Life Insurance Benefits (ancillary benefits) (C) Approval of Bid Award - 9-017 to Sports Turf for reconstruction of Jonquil Park and Mayor to execute all related documents (D) Approval of Bid Award 9-016 to K. M. Davis Contracting for storm drain repairs on Cooper Lake Court and Mayor to execute all related documents MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member McNabb. Mayor Pro Tem Lnenicka stated the awarded bids are for the lowest qualified responsive bidders. Motion was approved 4 - o. COMMITTEE REPORTS: Council Member Newcomb commented favorably about the recent tree-lighting event in the Village Green area. ... Council Member Anulewicz thanked the Parks and Recreation staff for their work on the recent tree-lighting event. Council Member McNabb reminded everyone that the Smyrna Optimist Club will be hosting photograph sessions with Santa during the holiday season. Council Member Wood commented favorably about the recent tree-lighting event in the Village Green. Mayor Pro Lnenicka stated representatives from Gamer, North Carolina recently made a site visit to observe redevelopment progress in Smyrna. Mayor Pro Lnenicka reminded everyone to vote tomorrow. Mayor Pro Lnenicka commented on recent terrorist attacks in India, and expressed sympathy and support for everyone who lost family members there. CITIZENS INPUT: ... Mayor Pro Tem Lnenicka recognized Ms. Mary Kirkendoll, residing at 1078 Oakview Drive, and Ms. Kirkendoll stated there are many unfinished projects in the City which would make Smyrna appear clean and appealing. Ms. Kirkendoll stated this is a result of failed policies and a lack of vision and leadership. Ms. Kirkendoll stated that a lack of compliance by the City with State and Federal immigration laws has made Smyrna a safe harbor for illegal aliens. Ms. Kirkendoll stated the rare comments by the City's leadership in relation to this major problem are represented to the public as diversity and compassion. Ms. Kirkendoll stated this amounts to aiding and abetting illegal aliens and that this is unlawful and serves only to make some business operators and the City government wealthier. Ms. Kirkendoll stated American citizens are being maimed and December 1, 2008 4 killed on roads and are losing jobs and home values because of the illegal alien problem. Ms. Kirkendoll stated illegal immigration has resulted in low school ranking, lack of quality restaurants and shopping, lack of quality businesses and jobs, and a lack of quality development. Ms. Kirkendoll stated she believes most of the labor on the Taylor-Brawner project has been done by illegal immigrant workers, and that a large part of the millions of dollars spent there will be going to Mexico. Ms. Kirkendoll stated that SB 529 requires all cities and public contractors to register with Homeland Security and use a database to check the status of new hires. Ms. Kirkendoll stated that a request for public records she recently made revealed only thirteen affidavits on file in Smyrna. Ms. Kirkendoll stated that Potts General Contractors and other contractors working on the Taylor-Brawner project have evaded the law and have filed no such affidavits with the City. Ms. Kirkendoll expressed hope that SB 529 will be amended to include penalties for non-compliance. Ms. Kirkendoll stated the City police department is not in compliance with SB 529 because persons detained in the City jail for felonies and DUl violations are not checked for legal immigration status and reported to ICE as required. Ms. Kirkendoll stated she has a police report dated September 30 on an illegal alien who was arrested for his second DUl offense in Smyrna, had no drivers license, no insurance and no tag, and was weaving in the roadway. Ms. Kirkendoll stated the police report identifies the subject as a citizen of Mexico and a self-employed construction worker. Ms. Kirkendoll stated the subject required a court interpreter and was sentenced to fifteen days in jail, a $2,000 fine and community service. Ms. Kirkendoll stated she was verbally abused by a City police officer when she made inquiry into City procedures for complying with SB 529 provisions and was called a racist, a bigot and a troublemaker. Ms. Kirkendoll stated she is concerned about abuse of authority and power at the local level and that she will continue to come to City meetings and urge Smyrna to follow all immigration laws. - Mayor Pro Tern Lnenicka recognized Ms. Inger Eberhart, residing at 4608 Waters Edge Lane, Acworth, and Ms. Eberhart provided details to those present concerning past efforts at immigration reform. Ms. Eberhart stated that evidence indicates that not enforcing immigration laws encourages illegal immigration, and expressed the hope that the City will be diligent in enforcing pertinent laws. - ADJOURNMENT: With no further business, the meeting was adjourned at 8:01 p.m. -- December 1. 2008 - / A. MAX BACON, MAYOR ~' !'/ '" ~ \ '-\- I ' \::::" ,II! / I f ,'/ -/O/I/'7t--- i--t(<j /{fA J~t I ,'UJ~A x_ t/ MELLENY PRI CHETT WARD 1 ,-y.....-- '2~ - t!~ ~ C</~ CHARLES PETE WOOD, WARD 7 ~ - 5 ~v.Wdt6 ~ SU~. HIOTT, CITY CLERK r?-- ~ RON NEWCOMB, WARD 2 ~ -, ORDINANCE No. 2008-20 ... AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 710,01, OFFICE INSTITUTIONAL DISTRICT, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION IN RELATION TO DAY NURERIES AND KINDERGARTENS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 710, City of Smyrna, Georgia, be amended to read as follows: (Section 710) Day nurseries and kindergartens provided that: (1) Are located on a lot which such has access to a major or minor arterial. (2) There shall not be less than 30 square feet of indoor play area for each child at maximum enrollment, and not less than 100 square feet per child of outdoor play area at maximum enrollment. (3) The outdoor play area shall be enclosed by a fence not less than four feet in height. (4) A circular drive shall be provided for off-street loading and unloading of children. (5) All applicable state and county regulations are conformed with. 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. Attest: ~o.~~ S san D. Hiott, City Clerk City of Smyrna A1'ved as to form: ~ L_________ Scott A. Cochran, City Attorney ...