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2003 minutes (9) August 18, 2003 .... 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 Wood. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, 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, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives ofthe press. Invocation was given by Pastor Robin Hancox, Sr. from International Gospel Outreach Church, followed by the pledge to the flag. Mayor Bacon stated that the Council will appoint an interim Ward 4 council member, and introduced Ms. Paula Weeks to those present. Mayor Bacon provided details of Ms. Weeks' background to those present. Council Member Lnenicka expressed appreciation to Mr. Hawkins for his many years of service to the City, and stated that he and the City's other elected officials are pleased that Ms. Weeks is willing to serve in this interim capacity. MOTION: Council Member Lnenicka made a motion to appoint Ms. Paula Weeks to serve out the unexpired Ward 4 council post vacated by Mr. Hawkins through January 5, 2004. The motion was seconded by Council Member Cramer. Motion was approved 5 - O. .... Mayor Bacon recognized Judge Alton Curtis, who administered the oath of office to Ms. Weeks. Ms. Weeks stated she will make efforts to serve the citizens of Ward 4 to the best of her ability. AGENDA CHANGES: Council Member Lnenicka stated that item# 8E (Approval of Extension of the HB 489 Agreement with Cobb County until December 31,2003) will be added to the consent agenda. *MOTION: Council Member Lnenicka made a motion to suspend the rules to add an item to the agenda. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. *MOTION: Council Member Lnenicka made a motion to add item# 8E (Approval of Extension of the HB 489 Agreement with Cobb County until December 31,2003) to the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. Mayor Bacon stated that item# 5A (Zoning Code Amendment - Section 717.173 b - Approved Colors for Overlay District) will be withdrawn. Mayor Bacon stated that item# 50 (Variance Request V03-024- Reduction in Side Yard Setback - 2600 Mathews Street - C-Comm 911) and item# 5F (Zoning Amendment Request Z03-013 - Site Plan Revision - 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Pulte Home Corporation) will be tabled to the September 2, 2003 Council meeting. - August 18, 2003 2 CITIZENS INPUT: Mayor Bacon recognized Dr. Sandra McQueen, residing at 980 Church Street, who expressed concerns about debris accumulation in a stream at the rear of her property. Dr. McQueen stated that in the past the City assisted with the clean-up there, but is no longer providing any assistance. Dr. McQueen brought samples of debris retrieved from the stream to show to those present. - Mayor Bacon recognized Mr. Eddie Head, representing the Rose Garden Hills/Davenport Town community, who expressed concerns about the recent redistricting in the City. Mr. Head stated his community has been divided into two separate wards. Mr. Head stated that the residents of the community have strong ties, and are concerned that the community has been separated into different wards. Mr. Head stated the residents of the community are asking the Mayor and Council Members to take immediate steps to reconnect the residences within the neighborhood into one ward. Mayor Bacon recognized Ms. Marie Page, spokesperson for the New Order Human Rights Organization, who stated that the New Order Human Rights Organization supports Ms. Jean Aaron in her candidacy for the Ward 3 council post. Ms. Page read the New Order Human Rights Organization Vision Statement and Mission Statement to those present. Ms. Page introduced Mr. Robert E. George, Vice President, New Order Human Rights Organization, who expressed concerns about the recent redistricting in the City. Mayor Bacon recognized Mr. Gerald Rose, President, New Order Human Rights Organization, who expressed concerns about the recent redistricting in the City. Mr. Rose expressed support for Ms. Jean Aaron in her candidacy for the Ward 3 council post. ..... Mayor Bacon recognized Mr. Ron Davis, representing the Veterans Memorial Association, who provided to those present an update regarding installation of commemorative pavers at the Memorial. Mayor Bacon recognized Mr. Alex Backry, who expressed concern that the City's public safety personnel have not received cost-of-living pay adjustments in recent years. Mayor Bacon recognized an unidentified person, who expressed views regarding the recent redistricting. Mayor Bacon recognized Mr. Charlie Levinson, residing at 2451 North Matthews Street, who expressed approval of recent actions by authorities in Marietta to try to close down businesses which purportedly distribute obscene materials. Mr. Levinson stated a similar business is operating in Smyrna, and asked if Smyrna will take the same actions that Marietta has in this type of matter. MAYOR'S REPORT: Mayor Bacon had nothing to report. .... August 18, 2003 3 PUBLIC HEARINGS: - (A) Zoning Code Amendment - Section 717.173 b - Approved Colors for Overlay District Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated that this measure will be withdrawn until a subsequent time for further study. MOTION: Council Member Lnenicka made a motion to withdraw item# 5A, Zoning Code Amendment - Section 717.173 b - Approved Colors for Overlay District, from the agenda. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. (B) Rezoning Request Z03-0 14- 8.07 Acre Tract in Land Lot 594 - R-15 (SFR) to RAD Conditional - BWWI, Inc. Mr. Wright stated the subject parcel is located on the south side of Spring Street between Elizabeth Street and Anderson Circle. Mr. Wright stated the current rezoning plan calls for 39 residences at an overall density of 4.82 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has voted to recommend denial of the rezoning request, and the Urban Design Commission has recommended that the residence at 1510 Spring Street be removed in conjunction with the development plans provided the rezoning is first approved by the City. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member Scoggins stated the subject property is in a location that impacts on the downtown area of the City. Council Member Scoggins stated he is committed to making certain that any development of the subject property enhances the surrounding area. Council Member Scoggins stated that he believes the applicant has made real efforts to accommodate the City's interests. ... Council Member Scoggins recognized Mr. Kevin Moore, and Mr. Moore stated he is an attorney representing the owners of the subject property and applicant BWWI, Inc. Mr. Moore stated that efforts have been made by the applicant to address some concerns that have been expressed regarding the development plan initially submitted. Mr. Moore presented illustrations of the proposed homes for the inspection ofthose present. Mr. Moore stated the design ofthe proposed dwellings is ofthe craftsman and bungalow style of house, and that the illustrations are photographs of actual homes built by the Wilmont Williams Construction Company. Mr. Moore provided details ofthe features of the proposed houses, and stated that all ofthe proposed houses will be a minimum of 2,200 s.f. in size. Mr. Moore stated that 2,200 s.f. houses are consistent with those of previous rezonings approved in the area. Mr. Moore stated the proposed houses are detached, single-family homes. Mr. Moore stated that cul-de-sacs have been eliminated from the plan in favor of streets which provide better connectivity to the surrounding neighborhood. Mr. Moore stated the proposed plan will allow Elizabeth Street, which is too narrow for two-way traffic, to be reconfigured into a one-way street. Mr. Moore stated a community park and tree- save area, which is unencumbered by any buffer requirement or other developmental constraints, is incorporated into the proposed plan. Mr. Moore stated that the density ofthe proposed project has been a subject of debate, but that the proposed density of 4.8 units per acre is not out of character. Mr. Moore stated that a development proposal previously approved by the City for Hatcher Homes has a density of some 4.7 units per acre in the single-family homes phase of that particular development. Mr. Moore stated a land use change from Low Density Residential to August 18, 2003 4 Medium Density Residential was approved by the City for Hatcher Homes in March of the present year. Mr. Moore expressed the view that some people may be viewing this proposal differently because the subject tract of land is somewhat larger than what has typically been found in similar proposals. Mr. Moore stated that assembling a tract as large as the subject property is expensive, and that a higher unit density is needed for this reason. Mr. Moore stated that 10' front yard setbacks are reasonable because the proposed houses will have driveways in the rear. Mr. Moore stated that a 10' front yard setback also places houses closer to pedestrian traffic. Mr. Moore stated the proposed project would enhance the community, and asked the Mayor and Council Members to favorably consider the applicant's request. - Council Member Scoggins asked Mr. Moore if the inclusion of porches in the proposed house designs was made in response to concerns expressed regarding the original proposal, and Mr. Moore answered in the affirmative. Council Member Cramer stated that use of larger caliper trees in the proposed development may be a good idea. Council Member Cramer asked Mr. Moore if the developer intends to use quality exterior finish materials on the proposed houses. Mr. Moore stated that exterior finishes for the proposed houses will include brick, hardi-plank and cedar shakes. Council Member Cramer asked Mr. Moore if the proposed development incorporates sidewalks, and Mr. Moore stated sidewalks are planned for all streets in the proposed development. Mayor Bacon recognized Ms. Christie Merrier (phonetic), who expressed support for the proposed project. Mayor Bacon recognized Mr. Les Hersey, who expressed support for the proposed project. Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, who expressed concern about the density of the proposed development. Mr. Ward stated the proposed development could generate traffic congestion in the subject area. - Mayor Bacon recognized Ms. K. C. Clavin, residing at 1480 Roswell Street, who expressed concern about the density ofthe proposed development. Ms. Clavin provided details of what she believes are various shortcomings in the developer's plan. Mayor Bacon recognized Mr. Ted Jones, who owns property on Spring Street, who expressed the view that higher density is not necessarily bad in a quality development. Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, who expressed concern about the density of the proposed development. Mr. Davis stated that the proposed houses are all similar in appearance and that there does not seem to be much variety of style among them. Mr. Davis stated that the density of the proposed development should be closer to four units per acre. Mayor Bacon recognized Ms. Amy Shay, residing at 143 I Mimosa Circle, who expressed concern about proliferation of impervious surfaces in the subject area and possible water run-off problems. Ms. Shay stated the proposed development could generate traffic problems in the subject area. Mayor Bacon recognized Ms. Christie Rogers, residing at 2620 Highland Avenue, who expressed concern about the density of the proposed development. Ms. Rogers stated the proposed development could generate traffic congestion in the subject area. Mayor Bacon recognized Ms. Janelle Lampp, residing at 2730 Gilbert Street, who expressed - August 18, 2003 5 - concern about possible increases in traffic in the subject area. Ms. Lampp stated that high standards should be in place for development. Ms. Lampp expressed concern about possible water run-off problems in the subject area. Mayor Bacon recognized Mr. Kevin Mickus (phonetic), who expressed concern about possible water run-off problems and traffic problems in the subject area. Mayor Bacon recognized Mr. Mark Wade, who stated the proposed development is a good opportunity to make a positive change in the City. Mayor Bacon recognized Mr. Ed Hatcher, who stated the proposed development is a good opportunity to improve the subject area. Council Member Scoggins recognized Mr. Chris Miller, and asked Mr. Miller to explain to those present what steps are taken to manage water run-off in a development. Mr. Miller stated that water plans are not reviewed at the zoning level. Mr. Miller stated that if a zoning is approved, the developer needs to obtain a permit from the City, and the City Engineer reviews the site plan for various details. Mr. Miller stated that before a building permit is issued, a site plan must be approved. Mayor Bacon stated that it is likely that a great deal of the water run-off will go into a creek at the subject location. Council Member Newcomb stated the creek on the subject property tends to flood the area of Highland Drive during heavy rainfalls, and that he is concerned about the possibility of even more water being introduced into the creek. - Mr. Moore stated that when a development of the size proposed in this case is built, infrastructure for the new residences is also put in place. Mr. Moore stated the plan which has been submitted to the Mayor and Council Members is the same plan which was presented to PZB, and that this plan includes at least eight different house styles. Mr. Moore stated that the submitted plan is the result of careful planning and review, and is based on generally accepted methods. Council Member Newcomb asked Mr. Moore to provide details to those present regarding the applicant's plans for preservation of specimen trees at the subject location. Mr. Moore stated the applicant will comply with the City's tree ordinance. Mr. Moore stated that some land in the proposed development has been set aside for the purpose of preserving two specific trees, and that some trees will be replanted. Council Member Newcomb stated that a report from the City's arborist has indicated that the footprints of two of the proposed houses will be within the drip-line of the two trees that are earmarked for preservation. Council Member Newcomb asked Mr. Moore how the two houses can be repositioned to prevent disruption ofthe root systems of the two specimen trees. Mr. Moore stated that every effort will be made to work out the details for resolving this issue and others which have been raised. Council Member Newcomb reiterated his concerns about flooding in the area of the creek. Council Member Cramer asked Mr. Moore if the streets in the proposed development can be reconfigured to minimize congestion and possible hazards. Mr. Moore stated the present street plan for the proposed development is designed to disperse traffic, and that connection to Spring Street is important. Council Member Cramer stated that elimination of through traffic in neighborhoods seems to be preferred by many people. Council Member Weeks asked if gates will be installed on the Spring Street side of the park area in the proposed development. Mr. Tisher stated a walking system has been designed for the development plan, and that the walking path goes around the community. Mr. Tisher stated there will be a park area inside the community. Mr. Tisher stated that the designs of the house elevations can be altered to meet the City's needs. Council Member Lnenicka read an excerpt from the arborist's report concerning the two specimen trees, including a recommendation for a five-year tree bond, to those present. Council Member Lnenicka stated the plans for the proposed development need additional work. Council Member Scoggins thanked everyone for their input, .... August 18, 2003 6 and pointed out that the density of the proposed development seems to be the prevalent concern among the residents in the subject area. Council Member Scoggins stated that more time is needed to work out the details of the proposed development. - MOTION: Council Member Scoggins made a motion to table item# 5B, Rezoning Request Z03-0 14 for an 8.07 acre tract in Land Lot 594 from R-15 (SFR) to RAD Conditional for BWWI, Inc. to the September 2, 2003 Council meeting. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (C) Land Use Change Request Z03-0 14 - 8.07 Acre Tract in Land Lot 594 - Low Density Residential to Medium Density Residential - BWWI, Inc. Mayor Bacon stated this land use change request will be tabled along with its corresponding rezoning request until the September 2, 2003 Council meeting (D) Variance Request V03-024- Reduction in Side Yard Setback - 2600 Mathews Street- C-Comm 911 MOTION: Council Member Scoggins made a motion to table item# 50, Variance Request V03- 024 for reduction in side yard setback at 2600 Mathews Street for C-Comm 911 until the September 2,2003 Council meeting. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (E) Privilege License Request - Retail Pouring (Beer, Wine & Liquor) - Joey's Mexican Grill- 1385 Highlands Ridge Road - Ernest W. Quarles, Jr., Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license, and that staff has reviewed the license application and found it to be in order. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Quarles, and asked Mr. Quarles to provide details to those present regarding the business he proposes to operate. Mr. Quarles stated that Joey's Mexican Grill (JMG) will be a Mexican cuisine establishment, with operating hours of 10:00 a.m. until midnight on weekdays and weekends. Mr. Quarles stated that beer, wine and margaritas will also be available to JMG patrons. Council Member Lnenicka asked Mr. Quarles what the seating capacity of JMG is, and Mr. Quarles stated it is fifty people. Council Member Lnenicka asked Mr. Quarles ifhis residence is near JMG, and Mr. Quarles answered in the affirmative. Council Member Lnenicka asked Mr. Quarles ifhe has had a license for alcoholic beverage sales before, and Mr. Quarles stated he has not. Council Member Lnenicka asked Mr. Quarles how frequently he will be at JMG, and Mr. Quarles stated he will be at JMG nearly every day. Council Member Lnenicka advised Mr. Quarles that the City has always been strict regarding enforcement of regulations governing alcoholic beverage sales, and that local law enforcement officers conduct undercover inquiries to make certain that alcoholic beverages are not sold to underage persons. Council Member Lnenicka asked Mr. Quarles what steps will be taken to ensure that JMG staffwill not serve any alcoholic beverages to underage persons. Mr. Quarles stated that all JMG staff members will be trained to ask customers to present suitable identification before serving any alcoholic beverages. Council Member Lnenicka asked Mr. Quarles ifhe understands that, as the license holder, he will be responsible for compliance with regulations governing alcoholic beverage sales, and Mr. Quarles answered in the affirmative. -- August 18, 2003 7 - Council Member Lnenicka asked Mr. Quarles ifhe understands that all JMG servers must have a permit, and Mr. Quarles answered in the affirmative. Council Member Lnenicka asked Mr. Quarles if he has been furnished with a copy of the regulations governing alcoholic beverage sales, and if he has read them and understands them, and Mr. Quarles answered in the affirmative. MOTION: Council Member Lnenicka made a motion to approve a privilege license request for retail pouring of beer, wine and liquor for Joey's Mexican Grill at 1385 Highlands Ridge Road for Ernest W. Quarles, Jr., Agent. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. (F) Zoning Amendment Request Z03-0 13 - Site Plan Revision - 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Pulte Home Corporation Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. - Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who stated that Pulte Home Corporation (PHC) personnel have already started grading the subject property. Ms. Barnes expressed the view that the requested rezoning would require PHC to have a larger creek bank buffer at the subject property. Council Member Lnenicka recognized Mr. Miller, and Mr. Miller stated that PHC has obtained a land disturbance permit for the subject location, and that the area PHC is working on is not expected to be affected by proposed changes to the site plan. Mr. Miller stated that land at the subject location set aside to be undeveloped will remain intact, and that the measure has been repeatedly tabled because of advertising errors and schedule conflicts encountered by Council Member Wood. Mayor Bacon asked Mr. Miller to make certain this grading activity is monitored for compliance with applicable guidelines. Council Member Lnenicka stated that Council Member Wood advised he wants to be present for the hearing on this matter, and that Council Member Wood requested that the measure be tabled until a subsequent meeting so that he can be present at the public hearing. MOTION: Council Member Lnenicka made a motion to table Zoning Amendment Request Z03- 013 for a site plan revision for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 for Pulte Home Corporation until the September 2, 2003 Council meeting. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. FORMAL BUSINESS: (A) Validation of Application for Annexation - .934 Acre Tract - Land Lot 519, Parcel 69 - 2525 Dixie Avenue - Edward Mingo, et al. Mr. Wright stated that an application has been submitted for rezoning the subject property from R-15 and R-20 to R-12 Conditional. Mr. Wright stated that review ofthe submitted legal description by the City Engineer indicates some corrections are needed, but that staff recommends proceeding with the validation process. (Clerk's Note: A corrected legal description of the subject property was received at the City's Community Development Department on September 18,2003 at approximately 12:04 p.m.) The legal description ofthe subject property is as follows: - ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 519 of the 17'h District, 2nd Section of Cobb County, Georgia, and being more particularly described in that August 18, 2003 8 certain Zoning Plat prepared by Betterton Surveying & Design, Inc. for Mill Creek II, LLC, dated July 8,2003, and being more particularly described as follows: BEGINNING at a point where the south side of Pierce Avenue intersects the east side of Dixie Avenue, as shown on said Zoning Plat, and running thence east along the south side of Pierce Avenue for a distance of 46.64 feet to an iron pin; thence south 88 degrees 34'35" east 283.15 feet to an iron pin found on the south side of Pierce A venue; thence south 02 degrees 19' 54" west 159.40 feet to an iron pin found; thence north 88 degrees 39'00" west a distance of 18].10 feet to an iron pin located on the northeast side of Dixie Avenue; thence north 41 degrees 27'57" west a distance of 189.78 feet to an iron pin and right-of-way monument; thence 26.69 feet to the point of beginning where the south side of Pierce Avenue intersects the east side of Dixie A venue, said tract containing 0.934 acres (40,721 square feet). - MOTION: Council Member Scoggins made a motion to approve the validation of the application for annexation of a .934 acre tract in Land Lot 519, Parcel 69, 2525 Dixie Avenue for Edward Mingo, et aI., with a public hearing date set for September 15,2003. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (B) Appointment of Member to the Planning and Zoning Board Council Member Newcomb stated that Ms. Andrea Blustein has resigned from her post on the PZB because of schedule conflicts associated with work and school. Council Member Newcomb expressed his appreciation to Ms. Blustein for her service to the City as a member of the Planning and Zoning Board. Council Member Newcomb recommended Mr. Peter Stelling as a replace- ment PZB member, and provided details of Mr. Stelling's background to those present. MOTION: Council Member Newcomb made a motion to appoint Mr. Peter Stelling to the Ward 2 seat on the Planning and Zoning Board. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. - (C) Approval of Ordinance to Adopt the Georgia Municipal Employees Benefit System (GMEBS) Master Defined Benefit Plan Adoption Agreement and Addendum Mr. Wright stated the changes have been developed by the Georgia Municipal Employees Benefit System (GMEBS) to ensure continued tax-qualified status for the City of Smyrna Retirement Plan. Mr. Wright stated a new IRS-approved format will be used which includes the Master Defined Benefit Plan and the Adoption Agreement and Addendum and will be effective August 18,2003. Mr. Wright stated the City will be part ofthe GMEBS volume submitter program which includes over 250 other retirement plans. Mr. Wright stated staff recommends approval of the Master Defined Benefit Plan Adoption Agreement and Addendum effective August 18, 2003. Council Member Newcomb recognized Mr. Corey, and asked Mr. Corey if it is correct that approval of the Master Defined Benefit Plan Adoption Agreement and Addendum does not affect the retirement plan which currently covers City employees, and Mr. Corey answered in the affirmative. Council Member Newcomb asked Mr. Corey to provide details ofthis proposed action to those present. Mr. Corey stated the revisions are required in order to comply with Internal Revenue Service (IRS) regulations. MOTION: Council Member Newcomb made a motion to approve Ordinance No. 2003-27 adopting the Georgia Municipal Employees Benefit System (GMEBS) Master Defined Benefit Plan Adoption Agreement and Addendum, with the exception of clarifying the effective date, .... August 18, 2003 9 which will be August 17,2003. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. ... COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of August 4,2003 Minutes (B) Award of Bid for 2003 Street Resurfacing This bid is for the resurfacing of thirteen streets within the City. This project is included in the FY2004 Road Improvement Budget. $108,130 is budgeted, and approximately $40,000 ofthe project will be funded through the LARP state aid program. Ten bid requests were sent out and five bids were received: Baldwin Paving Co. C. W. Matthews E. R. Snell Stewart Brothers AP AC, Inc. $187,789.50 $148,315.60 $181,623.75 $174,939.23 $192,571.45 The City Engineer and Purchasing Agent have reviewed the bids and recommend that the bid be awarded to the low bidder, C.W. Matthews Contracting Co. ... (C) Approval to Install Stop Signs on Drewsberry Court at Drewsberry Place The installation of these stop signs would create a three-way stop at this intersection. A request was received from the Vinings Pointe Homeowners Association for the installation of stop signs within the subdivision. The City Engineer reviewed this request and recommends the stop signs at this intersection on the basis of increased safety. The City Engineer has reviewed this request and recommends approval. (D) Approval of Use of Council Chambers for a Meeting of the Roswell Street Commons Homeowners Association on August 19,2003 from 7:00 p.m. to 9:00 p.m. *(E) Approval of Extension ofthe HB 489 Agreement with Cobb County until December 31, 2003 MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. COMMITTEE REPORTS: Council Member Lnenicka provided details to those present regarding a veterans memorial in North Platte, Nebraska. Mayor Bacon stated that he recently received favorable comments about the downtown area from some people visiting the Veterans Memorial in Smyrna, and that he is very proud of the redevelopment progress that has been made in the City. - Council Member Cramer recognized Ms. Kirk, who provided details of Keep Smyrna Beautiful (KSB) activities to those present. August 18, 2003 10 Council Member Cramer recognized Mr. Hildebrandt, who had no report. Council Member Cramer recognized Mr. Stokes, who reported that a holiday schedule will be in effect for sanitation services during the week of Labor Day. Mr. Stokes provided details of various Public Works Department projects and activities to those present. - Council Member Cramer reminded those present that pavers are still available for the Veterans Memorial. Council Member Weeks recognized Ms. Hiott, and Ms. Hiott reminded those present that November 4 is Election Day, and that voter registration forms are available at City Hall. Ms. Hiott stated that copies of the new city ward map are available for inspection at City Hall and the City Library, and that updated voter registration cards will be mailed out by Cobb County soon. Mayor Bacon stated that concerns have been expressed about division of neighborhoods by redistricting. Mayor Bacon stated that at least 22 streets in the City have been divided in the most recent redistricting. Mayor Bacon stated that guidelines formulated by the U.S. Department of Justice are followed in the redistricting process, and read to those present a list of streets in the City divided into two or more districts in the most recent redistricting. Mayor Bacon stated the most recent redistricting was approved by the City over a year ago, and that as many as six public hearings were held in connection with this redistricting process. Mayor Bacon stated there was never any intent to divide any neighborhoods in the redistricting process. Council Member Scoggins recognized Chief Williams, who had no report. Mayor Bacon stated that during the citizens input portion of this meeting, an individual spoke and identified himself as a representative of the City's public safety personnel. Mayor Bacon asked Chief Hook and Chief Williams if this person is a recognized representative of the City's public safety personnel, and Chief Hook and Chief Williams both stated he is not. Council Member Cramer stated that the comment made by this individual regarding cost-of-living pay increases for the City's public safety personnel is misleading. - Council Member Scoggins recognized Chief Hook, who provided details concerning City police operations and related statistics to those present. Council Member Newcomb recognized Mr. Corey, who congratulated Mr. Simon Cardenas on being named Employee ofthe Month. Council Member Newcomb expressed appreciation to Messrs. Stokes and Hildebrandt for their efforts in moving one of the City's sidewalks. Council Member Pritchett recognized Mr. Ciaccio, who stated that on August 20, bids will be received and opened for the final phase of construction at Chuck Camp Park. Mr. Ciaccio provided details to those present regarding various elements of this construction. Council Member Pritchett recognized Mr. Seigler, who reported that City Library use statistics continue to trend upward. Mr. Seigler reported that new carpet is being installed at the Library. Mr. Seigler provided details of upcoming programs and events at the City Library. Council Member Pritchett recognized Ms. Bennett, who stated that an on-line system for payment of City utility bills will be tested this week. Ms. Bennett provided details to those present regarding the City Spice of Life event scheduled for September 13. Council Member Pritchett commended Ms. Bennett, Mr. Ciaccio and other staff members involved in the recent Birthday Celebration for making this event a memorable one. - August 18, 2003 11 - Council Member Pritchett stated she would like the members of the Vinings Pointe Homeowners Association to know that installation of a three-way stop sign for the entrance of Drewsberry Court was approved at this meeting. Council Member Pritchett reported that installation of a new sidewalk on the west side of Campbell Road has begun. Council Member Pritchett stated that the new ALDl grocery store is scheduled to open on September 9, and that a new H. H. Gregg electronics store will be opening in the City in the near future. Council Member Pritchett stated that the City's ward maps were being redrawn when she became a council member in 2001. Council Member Pritchett stated that the council members were not involved in the redrawing of the maps. Council Member Pritchett stated that the redistricting work was done by a team of people selected for this task, and that the redistricting plan was submitted to the U.S. Department of Justice for review and approval. Council Member Pritchett stated that Mr. Cochran provided legal guidance to the City during this process. Council Member Pritchett stated that it is very misleading when people say that the City's elected officials did something in connection with the redistricting. Council Member Pritchett stated it is not a goal of the City's governing body to divide neighborhoods. Council Member Pritchett stated that a neighborhood that has existed for many years will not be divided simply because some of its residents will be voting in a different polling place. Council Member Pritchett stated that she believes everyone should have an opportunity to express their views ifthey want to do so, but that she is very disturbed when people use a public meeting for the purposes of distorting facts and disseminating misinformation. Council Member Pritchett stated that if citizens have any questions about what the City government does, they can contact their city council representative to discuss any concerns they may have. Council Member Pritchett stated that the City's elected officials work hard to administer the city government, and that is very easy for others to second guess the council members' actions and decisions. - Mayor Bacon recognized Ms. Edgar, who had no report. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, residing at 3431 Lee Street, who asked the Mayor and Council members about the status of a construction project on Concord Road. Mayor Bacon stated that he understands that the builder has applied for building permits for several houses. Mr. Martin congratulated Ms. Weeks on her interim appointment as Ward 4 council member. ADJOURNMENT: With no further business, the meeting was adjourned at I 0:45p.m. - August 18, 2003 12 - /~ A. MAX BACON, MAYOR q~~,,~ ' .:::/7- e.l lJ\J RON NEWCOMB, WARD 2 / , '!" / . I/ii) 1 r \!.ltJI JI) I, I; ",! j ;. i' ;." \ Iii I;, i /\..,,' - y> '\./~ 'x PAU~A A. WEEKS, WAR / , '. - ~11w~ CHARLES PETE WOOD, WARD 7 -