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10-01-2007 October 1, 2007 Council meeting October 1, 2007 - 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 Clerk Susan Hiott, City Attorney Scott Cochran, City Administrator Wayne Wright, Police Chief Stanley Hook, Fire Chief Jason Lanyon, Community Development Director Ken Suddreth, Planner Rusty Martin and representatives of the press. Invocation was given by Pastor Dante Tobias from the Seventh Day Adventist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 6 B (Approval of Resolution for imposing emergency 911 fees for Voice Over Internet Protocol (VOIP) telephone service) will be tabled until the October 15, 2007 meeting. MAYOR'S REPORT: - Council Member Lnenicka read a Proclamation in recognition of Public Safety Appreciation Week to those present. Chief Hook thanked the City's officials for their support of the police department. Chief Lanyon also commented favorably about the support the City's public safety personnel enjoy. Mayor Bacon provided details to those present regarding public safety personnel who were recently recognized for outstanding service, and Chief Hook recounted an incident during which Ofc. Smith was able to resuscitate a child who had apparently stopped breathing. Chief Lanyon provided details to those present concerning a structure fire during which City fire department personnel were able to extricate a citizen trapped on the third floor of a burning building. LAND ISSUES/ZONINGSI ANNEXATIONS: (A) Public Hearing- Extension of moratorium on permits and construction of apartments Mr. Wright stated a moratorium on permits for new apartment construction has been in effect in the City for a number of years in an effort to correct an imbalance between owner-occupied housing and rental housing. Mr. Wright stated staff recommends approval of an extension of this moratorium. Council Member Newcomb stated this moratorium has been in force since 1994 and was implemented in response to the results of a housing study which was conducted. Council Member Newcomb stated the study revealed that an excessive number of rental housing structures can have an unfavorable impact on the quality of life in a community. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Newcomb stated the objective of the moratorium is a mix of 40% multi-family housing and 60% owner-occupied housing in the City. Mr. Wright reported that over 700 rental units in Smyrna have been converted to owner-occupied housing. October 1, 2007 2 MOTION: Council Member Newcomb made a motion to approve extension of moratorium on permits and construction of apartments for an additional six months. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - (B) Public Hearing- Approval of extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts I and 2 Mr. Wright stated staff is presently in the process of revising the design district standards and guidelines and that staff recommends extension of the moratorium to provide additional time for the review. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts I and 2. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (C) Public Hearing- Variance Request Z07-058 - Reduction of Side Setback for an Accessory Structure - 0.22 acre tract - 1415 Roswell Street - Cottage Craft Homes, LLC Mr. Wright stated the outdoor fireplace at the subject location is built on a side property line. Mr. Wright stated the applicant is requesting to reduce the side yard setback at the subject location from 7.5' to 0.' Mr. Wright stated the affected lot line is internal to the subdivision and that staff recommends approval of this variance. Mr. Suddreth stated this request was originally heard by the License and Variance Board on September 12 ofthe present year. Mr. Suddreth stated staff does not believe the structure will adversely affect adjacent property and that any potential buyers will be aware ofthe encroach- ment at the time of purchase. Council Member Smith asked if the City fire department has approved these fireplaces, and Mr. Suddreth answered in the affirmative. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mayor Bacon recognized Mr. Ryan Casadaban, representing Cottage Craft Homes, LLC and Mr. Casadaban stated he did not recognize that the fireplace would amount to an accessory structure and did not initially obtain a permit to build it. Mr. Casadaban stated a nearby driveway will help distance the subject structure from an adjacent house. MOTION: Council Member Scoggins made a motion to approve Variance Request Z07-058 for reduction of side setback for an accessory structure at 1415 Roswell Street for Cottage Craft Homes, LLC. The motion was seconded by Council Member Pritchett. Motion was approved 7 -0. PRIVILEGE LICENSE: There were none. .... October 1, 2007 3 FORMAL BUSINESS: (A) Appointment of Ward 1 representative to the Planning and Zoning Board - Council Member Pritchett provided details to those present concerning the appointee. MOTION: Council Member Pritchett made a motion to appoint Gregory Berrman as Ward 1 representative to the Planning and Zoning Board for a term to end December 31, 2008. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Approval of Resolution for imposing emergency 911 fees for Yo ice Over Internet Protocol (VOIP) telephone service MOTION: Council Member Wood made a motion to table approval of Resolution for imposing emergency 911 fees for voice over internet protocol (YOIP) telephone service to the October 15, 2007 meeting. The motion was seconded by Council Member Smith. Motion to table the measure was approved 7 - O. (C) Approve purchase of replacement Public Safety software and authorize the Mayor to execute related contract documents Mr. Wright stated software currently in use at the City 911 department no longer meets operational needs. Mr. Wright stated a review of possible replacement systems has been underway for two years and, after extensive evaluation, OSSI Public Safety Software has been selected as the most suitable system. Mr. Wright stated staff recommends approval of the proposed software acquisition. - Council Member Lnenicka stated technology is an increasingly important component of effective public safety operations. MOTION: Council Member Lnenicka made a motion to approve purchase of replacement public safety software and to authorize the Mayor to execute related contract documents. The motion was seconded by Council Member Wood. Council Member Newcomb and Chief Lanyon provided details to those present regarding the computer-aided dispatch component of the OSSI system. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of September 17, 2007 minutes (B) Approve proposal from Croy Engineering for preparation of a Connectivity Plan for the City of Smyrna (C) Award for Grading and Site Development at Oakdale Road Park to Vision South Utility Construction in the amount of $361 ,243 .05 and authorize the Mayor to execute related contract documents - October 1, 2007 4 (D) Approve adjustment to the FY 2007 budget to cover expenses related to developmental studies (E) Approval of Interlocal Agreement with Cobb County for Ridge Road Resurfacing (Cobb County Project # 2008-1) and authorize the Mayor to execute related contract documents - (F) Approval of Street Closings for Fall Jonquil Festival October 27-28,2007 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 stated information regarding the current water restrictions can be found on the City website and provided details to those present concerning the restrictions. Council Member Newcomb commented on the prolonged nature ofthe current drought. Council Member Scoggins recognized Ms. Hiott, who has no report. Council Member Scoggins commented about election signs and private property rights. Council Member Scoggins stated it is unlawful to go onto private property to remove an election sign. Council Member McNabb stated the inaugural meeting of the Smyrna Artists Business Association will be held on October 16 and urged interested persons to attend. Council Member McNabb commented favorably about the recent response ofthe City fire department to his mother's residence for EMS and thanked Chief Lanyon for their assistance. Council Member McNabb stated the Home Depot landscape store in Smyrna will close this month. Council Member McNabb stated that, according to current plans, the store building will not be sold and will remain vacant. Council Member McNabb stated the Smyrna city council will be drafting a resolution to send to the management of Home Depot to urge them to sell this property and asked shareholders of the company's stock to contact them regarding this matter. Council Member McNabb stated a productive use for this property should be found. Council Member McNabb expressed the view that a complete outdoor watering ban is not a good approach to water conservation. Council Member McNabb stated negatively impacting the landscape business is not a good idea. Council Member McNabb stated he believes tiered water rates based on usage is a better way to control water use. - Council Member Smith asked the citizens to thank their local firefighters and police officers. Council Member Lnenicka asked the citizens to say a prayer for their local firefighters and police officers. Council Member Wood provided detail to those present concerning progress being made on park improvements and an upcoming public information meeting. Ms. Hiott stated October 9 is the last day to register to vote. Mayor Bacon stated the members of the Cobb-Marietta Water Authority had to make a decision to place a total outdoor watering ban in effect because water supplies are low. Mayor Bacon stated Georgia has been involved in a civil dispute with neighboring states regarding water use. - October 1, 2007 5 Mayor Bacon provided details to those present regarding water supplies and conservation measures. - CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin expressed views regarding what he believes is a decline in the family orientation of activities and entertainment in the Market Village. Mr. Martin stated that inappropriate activities are not good for the merchants ofthe Market Village or the citizens of Smyrna. Mr. Martin stated certain activities put a strain on available parking as well as access. Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed concerns about interference with campaign signs. Mr. Backry expressed concerns about alleged removal of signs intended to guide voters at Campbell Middle School during the last election. Mr. Backry stated several persons complained about this to the ethics board at Cobb County. Mr. Backry stated he hopes local police will be following up on complaints regarding interference with campaign signs. - Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 1078 Oakview, and Ms. Kirkendoll stated she has respect for the City police department and wishes they had the tools that they need. Ms. Kirkendoll expressed concerns about what she believes is a lack of communication between the City's leadership and citizens. Ms. Kirkendoll expressed concerns about what she believes is an illegal immigration invasion, the presence of Clayton County tags in this area, a Smyrna- Clayton County-Texas-Mexican cocaine connection and drug trafficking. Ms. Kirkendoll stated patrols and roadblocks are needed on Windy Hill Road. Ms. Kirkendoll expressed concerns about what she believes is a large number ofDUI violations, drivers license and vehicle insurance violations, identity thefts, child molestations, drug trafficking and the presence of fugitives in the City. Mayor Bacon stated citizens input is not a debate forum. Mayor Bacon stated the City has never ignored any legitimate questions posed by citizens. Mayor Bacon stated if adequate, credible information is provided regarding allegations then the City police will take appropriate action. Council Member Lnenicka stated the City's leadership and staff are very sensitive to issues of minority relations. Council Member Lnenicka stated the City's leadership believe everyone should be treated fairly and should obey the law. Council Member Lnenicka stated the City's leadership believe everyone is entitled to non-discriminatory policies and representation. Council Member Lnenicka stated he has a Spanish translator on his campaign team because he wants Spanish-speaking citizens to have access to information about the City. Council Member Lnenicka stated he has never encountered an instance in his dealings with citizens in which an individual felt they had been discriminated against or another person had been discriminated against. Council Member Lnenicka stated a particular Hispanic individual he knows who is a model citizen did not deserve to be identified as someone to be feared and distrusted. Council Member Lnenicka stated targeting minorities can dangerously erode the rights of all citizens. Council Member Lnenicka stated this is America, it is a democracy and the rights of citizens are important. Council Member Lnenicka stated the U.S. Constitution is one of the greatest documents ever created and he is proud to serve it. Council Member Lnenicka stated it is unfair to cast aspersions on a group of people simply because they come from a different place or practice a different religion and that such a practice is not acceptable anywhere in this country. - October 1, 2007 6 Chief Hook stated police agencies cannot arbitrarily stop cars and detain and search individuals. Chief Hook stated drugs are a problem, but they are no more of a problem in Smyrna than they are anywhere else. Chief Hook stated the City's police department is well-trained and well- equipped. - Mayor Bacon provided details to those present concerning a recent meeting between City officials and immigration authorities. Mayor Bacon stated he learned from ICE officials that no city in Georgia is currently enrolled in the 287-G program and that there is no advantage in involving the City of Smyrna in such a program. Chief Hook stated a police officer must have a valid reason to conduct a traffic stop. Council Member Pritchett stated Chief Hook, Assistant Chief Brown, City Administrator Wright, Mayor Bacon, Council Member McNabb and Community Relations Director Jennifer Bennett met with Ms. Kirkendoll at City Hall for at least an hour and a halfto try to discuss her concerns with her but apparently this made no impression on her. Council Member Pritchett stated Ms. Kirkendoll has not been ignored. Mayor Bacon stated citizens are welcome to express their views at public meetings, but any misinformation which is presented will be corrected. Mayor Bacon stated he will not tolerate comments he considers to be of a prejudicial nature at City meetings. ADJOURNMENT: With no further business, the meeting was adjourned at 8:47 p.m. - - - - - October L 2007 A. MAX BACON, MAYOR L/ i" JI l/ ~~~ CHARLES PETE WOOD, WARD 7 7 ~1<D.~ SU N D. HIOTT, CITY CLERK } , /" ----;?.., J.-JcA- RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6