Loading...
06-17-2019 June 17, 2019 Mayor and Council Meeting Minutes - SIGNED - LFSMYRNA GEQF! Monday, June 17, 2019 City of Smyrna Meeting Minutes - Final City Council 7:00 PM Roll Call 2800 King Street Smyrna, Georgia 30080 Council Chambers Present: 7 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Maryline Blackburn, Councilmember Andrea Blustein, Councilmember Charles Welch, Councilmember Tim Gould and Councilmember Ron Fennel Absent: 1 - Councilmember Susan Wilkinson Also Present: 10 - Tammi Saddler Jones, Scott Cochran, Scott Andrews, Terri Graham, Frank Martin, Russell Martin, Kevin Moore, Jennifer Bennett, Landon O'Neal and Davi Santos Call to Order Mayor A. Max Bacon called the June 17, 2019 Mayor and Council meeting to order at 7:00 PM. 1. Invocation and Pledge: Pastor Jeff Pennington, Smyrna First Baptist Church (1275 Church Street) delivered the Invocation and led all in the Pledge of Allegiance. 2. Agenda Changes: Item 4A will be withdrawn at the request of the applicant. 3. Mayoral Report: There was no Mayoral Report. 4. Land Issues/Zonings/Annexations: A. 2019-, Public Hearing - Zoning Request Z19-010 - Rezoning from R-20 to R-15-Conditional for three single-family homes at a density of 2.93 units per acre - 1.0245 Acres - Land Lot 466 - 990 Pebblebrook Road - Palladian Land, LLC - This item will be withdrawn at the request of Sponsors: Fennel Councilmember Ron Fennel made a motion to withdraw Zoning Request Z19-010 - Rezoning from R-20 to R-15-Conditional for three single-family homes at a density of 2.93 units per acre - 1.0245 Acres - Land Lot 466 - 990 Pebblebrook Road - Palladian Land, LLC at the request of the applicant. Councilmember Tim Gould seconded the City of Smyrna Page 1 Printed on 612812019 City Council Meeting Minutes - Final June 17, 2019 motion to withdraw. The motion to withdraw was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson B. Public Hearing - Zoning Request Z19-005 - Rezoning from R-15 to R-10 Conditional for four single family homes at a density of 3.72 units per acre - 1.17 acres - Land Lot 561 - 1420 and 1430 Roswell Street - M. Junger Homes LLC. Sponsors : Blackburn City Administrator Tammi Saddler Jones read the agenda title aloud. Interim Community Development Director Russell Martin provided the background information including the most recent changes and updates. M. Junger Homes LLC is requesting rezoning from R-15 to R-10-Conditional for a property at 1420 and 1430 Roswell Street for the construction of four new single-family residences at a density of 3.72 units per acre. All homes will be accessed from Roswell Street via rear entry -garages. The applicant has submitted building elevations and floor plans for the residences in the rezoning application. The submitted elevations reflect a more traditional style home with a mixture of exterior fagade materials and architectural elements. The Planning and Zoning Board recommended to approve the request by a vote of 7-0. The Mayor and City Council heard the zoning request at the April 15, 2019 meeting and tabled the request to the May 20, 2019 meeting to provide additional time for Matt Junger Homes, LLC to work with the Williams Park neighborhood to resolve the issue with the decorative wall along Roswell Street. Community Development recommended approval of the rezoning from R-15 to R-10-Conditional for the development of four single-family units at a density of 3.72 units per acre with the following conditions (Community Development is proposing changes to the initial conditions to address the preservation of the wall): Standard Conditions (Requirement #Z 3, 4, 8, 9, 10, and 12 from Section 1201 of the Zoning Code is not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a ten percent reduction in a 100-year storm event. The city engineer shall approve all plans. 3. All utilities within the development shall be underground. 4. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County City of Smyrna Page 2 Printed on 612812019 City Council Meeting Minutes - Final June 17, 2019 during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right -of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 5. No debris may be buried on any lot or common area. 6. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 8. All yards and common areas are to be sodded, and landscaped. irrigate as appropriate. 9. All single family and/or duplex residential lots shall provide the following at the time of certificate of occupancy. either four 3" caliper trees or three 4" caliper trees. The following species of trees may be used. Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions 10. The development shall maintain the following setbacks: Front - 20' Exterior Side - 10' Interior Side - 7.5' (with a minimum of 10' between buildings) Rear - 15' 11. Driveway - 22' minimum length from garage face to private driveway. 12. The development shall be developed with a minimum lot size of 10,000 square feet. 13. The lots shall be developed with a minimum lot width at the setback line of 50' 14. The homes shall have a minimum floor area of 1, 500 sq. ft. 15. The developer shall provide 5a' sidewalk with a 2' grass buffer along Roswell Street for the length of the development. 16. The developer shall provide a1 5' stormwater easement along the northern shared property line. 17. The developer shall provide a 5' Right -of -Way dedication along Roswell Street. 18. All structures will be built to a maximum height o3f5 ' as measured from the sidewalk along the front elevation. 19. The maximum allowable lot coverage for the property shall be limited to 35%. 20. The developer shall be responsible for the installation of all water and sewer lines in accordance with the requirements of the Public Works Director. City of Smyrna Page 3 Printed on &28/2019 City Council Meeting Minutes - Final June 17, 2019 21. No stormwater management facility or portion thereof shall be located on any portion of the proposed lots. The stormwater management facilities shall be solely located on the HOA's property. 22. All trees within the limits of disturbance and not located within a tree protection area must be removed during the land clearing and grading phase of the development. 23. The location of the shared drive shall be relocated south of the proposed location on the submitted site plan (31612019) to preserve as much of the wall as possible. The location of the shared drive shall be reviewed and approved by the City Engineer. If the new location of the shared drive requires the removal of a portion of the wall, the developer shall be permitted to remove the said portion to provide adequate clearance and sight line along Roswell Road. 24. The individual homes shall provide access to the public sidewalk. If the existing wall should preclude access to the public sidewalk, the developer shall be allowed to provide access through the wall if need be. The access through the wall shall be reviewed and approved by the City Engineer. 25. Approval of the subject property for the -1 RO Conditional (R-10 Conditional) zoning compliance with the submitted site plan dated 3/6/2019 created by Crescent View Engineering LLC and all zoning stipulations above. 26. The applicant shall build the homes in substantial compliance with the building elevations submitted and dated 21812019. Approval of any change to the elevations must be obtained from the Director of Community Development. Mayor Bacon announced the Public Hearing and three people including the applicant came forward to be sworn in by City Attorney Scott Cochran. Mr. Ron Davis, 1351 Roswell Street, thanked Mayor and Council for their hard work on the issue of saving the wall. Ms. Shaun Martin, 2884 Anderson Circle, recommended that the wall be given a marker and a plaque notating the historical significance. Councilmember Blackburn thanked everyone involved for their patience and willingness to work together to come to a place where everyone is happy and able to move forward. Councilmember Maryline Blackburn made a motion to approve Zoning Request Z19-005 - Rezoning from R-15 to R-10 Conditional for four single family homes at a density of 3.72 units per acre - 1.17 acres - Land Lot 561 - 1420 and 1430 Roswell Street - M. Junger Homes LLC. Councilmember Derek Norton seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson C. 2019-170 Public Hearing - Zoning Request Z19-009 - Rezoning from U to MU for City of Smyrna Page 4 Printed on 612812019 City Council Meeting Minutes - Final June 17, 2019 the use of the property as residence and an antique restoration business - 1.22 Acres - Land Lot 492 - 2201 Dixie Avenue - Gordon and Deanie Brans Sponsors: Blackburn Ms. Tammi Saddler Jones reviewed the pertinent information for this agenda item. Gordon and Deanie Brans are requesting rezoning from LI (Light Industrial) to MU -Conditional (Mixed Use) for the use of the property as a single-family residence and an antique restoration business. The applicants are currently operating their antique restoration business from the accessory building at the rear of the property with the existing residence being vacant. The applicants are requesting to renovate the residence into a new home to eventually live on -site. The Planning and Zoning Board heard the zoning request at the May 13, 2019 meeting and made a recommendation for approval with staff conditions by vote of 7-0. Community Development recommended approval of the rezoning from LI to MU -Conditional on 1.22 acres for the development of a residential unit and the operation of an antique restoration business. Mayor Bacon announced the Public Hearing, and no one came forward to speak. The applicants were sworn in by City Attorney Cochran. Mr. Martin reviewed the information with Mayor and Council. Gordon and Deanie Brans are requesting rezoning from LI (Light industrial) to MU -Conditional (Mixed Use) for the use of the property as a single-family residence and an antique restoration business. The applicants are currently operating their antique restoration business from the accessory building at the rear of the property with the existing residence being vacant. The applicants are requesting to renovate the residence into a new home to eventually live on -site. They are proposing to replace the existing chain link fence along Dixie Avenue and Davis Road with a new 6' iron/wood fence with masonry columns to secure the site and the business. Finally, they are also proposing to maintain the existing gravel parking area in its current form. The applicants have submitted building elevations with the rezoning application. The submitted building elevations are of the proposed improvements to the existing residence on -site. The applicants are proposing to use a mixture of fagade materials for the buildings, including but not limited to brick and lap siding. The Planning and Zoning Board heard the zoning request at the May 13, 2019 meeting and made a recommendation for approval with staff conditions by vote of 7-0. Community Development recommended approval of the rezoning from LI to MU -Conditional on 1.22 acres for the development of a residential unit and the operation of an antique restoration business, including those variances supported by staff as shown above, with the following conditions: Standard Conditions Requirements # 1, 2, 3, 4, 5, 8, 9, 10, 12, 16 and 17 from Section 1201 of the Zoning Code are not applicable. The following requirements remain applicable. 1. All utilities within the development shall be underground. 2. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. 3. No debris may be buried on any lot or common area. 4. The developer will comply with the City's current tree ordinance. All required tree City of Smyrna Page 5 Printed on 6/2&2019 City Council Meeting Minutes - Final June 17, 2019 protection measures shall be adhered to by the developer during construction. 5. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 6. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions 7. The development shall maintain the following setbacks: Front - 0' Side - 0' Rear - 20' Building Separation - 20' 8. The developer shall meet all fire access requirements deemed necessary by the Fire Marshal during construction plan review. 9. The developer shall be responsible for any water and sewer improvements deemed necessary by the Public Works Director or Cobb County Water System during construction plan review. 10. The developer shall provide a right-of-way dedication along both Dixie Avenue and Davis Road. 11. The developer shall be permitted to use gravel for the parking area. 12. The developer shall be permitted to construct 6' iron wood fence with masonry columns in place of the existing chain link fence along Dixie Avenue and Davis Road provided the fence does not impede sight distances on Dixie Avenue. The City Engineer shall review the location of any fencing. 13. Approval of the subject property for the MU -Conditional zoning district shall be conditioned upon the development of the property in substantial compliance with the site plan submitted 411212019 and created by Patrick F. Carey and all zoning stipulations above. 14. The applicant shall be bound to the elevations submitted on 411212019. Approval of any change to the elevations must be obtained from the Director of Community Development. Applicants Gordon and Deanie Brans came forward to share information about their plans for the property as well as the historical significance of the home. Councilmember Maryline Blackburn made a motion to approve Zoning Request Z19-009 - Rezoning from LI to MU for the use of the property as residence and an antique restoration business - 1.22 Acres - Land Lot 492 - 2201 Dixie Avenue - Gordon and Deanie Brans. Councilmember Charles "Corkey" Welch seconded the motion to approve. The motion to approve was carried by the following vote: City of smyma Page 6 Printed on 6/2&2019 City Council Meeting Minutes - Final June 17, 2019 Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson 5. Privilege Licenses: There were no Privilege Licenses. 6. Formal Business: A. Approval of Ward 3 Appointment to the Keep Smyrna Beautiful Board, Leonard Robinson, to fulfill term to expire December 2019 B. 2019-192 Sponsors: Blackburn Councilmember Maryline Blackburn made a motion to approve of the Ward 3 Appointment to the Keep Smyrna Beautiful Board, Leonard Robinson, to fulfill term to expire December 2019. Councilmember Ron Fennel seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson Public Hearing - Authorization Apartment Name Change Request 2019-192 - 2085 Lake Park Drive SE- Name change from Village at Lake Park dba Village At Lake Park to Village at Lake Park dba Cortland at the Village with Carman Garrison as agent. Sponsors: Blustein City Administrator Tammi Saddler Jones advised Mayor and Council as to the background on the apartment name change. Village at Lake Park located at 2085 Lake Park Dr. SE with Cannen Garrison as agent has recently decided to change the name of the complex to Cortland at the Village. The proper Name Change Application has been reviewed and approved by the Fire Marshal, Building Inspector, City Engineer, 911 Communications, City Marshals as well as reported to the Business License Officer. Staff recommends approval of the name change from Village at Lake Park to Cortland at the Village. The Mayor announced the Public Hearing and no one came forward to speak. Councilmember Andrea Blustein made a motion to approve and authorize Apartment Name Change Request 2019-192 - 2085 Lake Park Drive SE- Name change from Village at Lake Park dba Village At Lake Park to Village at Lake Park dba Cortland at the Village with Carman Garrison as agent. Councilmember Maryline Blackburn seconded the motion to approve. The motion to approve was carried by the following vote: City of Smyrna Page 7 Printed on 6/2&2099 City Council Meeting Minutes - Final June 17, 2019 Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson C. Approval of extended work hours for Balfour Beatty for grading work for King Springs Elementary School - 9.46 Acres - Land Lot 479 - 1041 Reed Road - Balfour Beatty. Proposed new work hours 7:00 AM to 7:00 PM Monday - Saturday from June 18, 2019 to August 3, 2019. sponsors: Welch City Administrator Saddler Jones provided the background information. Balfour Beatty, the general contractor for the construction of Kings Springs Elementary School, is requesting an extension of normal work hours for the completion of a large percentage of site work prior to the start of the new school year. The request is to extend work hours by one hour per day Monday through Friday and three hours per day on Saturdays. The proposed work hours would amount to eight additional work hours per week. The proposed new work hours would be 7:00 a.m. to 7:00 p.m. Monday to Saturday from June 18, 2019 to August 3, 2019. The proposed working hours would provide for five additional working days during that time. The request is to ensure all grading, utility and parking lot extension activities are completed prior to the students returning to campus for the start of the school year. Balfour Beatty has stated that there will be site supervision during extended work hours to ensure all work is performed within the criteria allowed by the City. Community Development recommends extension of work hours from 7:00 a.m. to 7:00 p.m. Monday to Friday and Saturday 9:00 a.m. to 7:00 p.m. from June 18, 2019 to August 3, 2019 for site grading, utility installation and parking lot extension. The Senior Project Manager was present and came forward. She thanked Mayor and Council for listening and agreed to the request to limit the start time on Saturdays to 9: 00am. Councilmember Charles "Corkey" Welch made a motion to approve extended work hours for Balfour Beatty for grading work for King Springs Elementary School - 9.46 Acres - Land Lot 479 - 1041 Reed Road - Balfour Beatty. 7:00 AM to 7:00 PM Monday - Friday and 9:00 AM to 7:00 PM Saturday from June 18, 2019 to August 3, 2019. Councilmember Maryline Blackburn seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson D. 2019-21Authorization of a contract amendment with Boutte Tree, Inc., 2144 Bolton Rd. NW, Atlanta, GA 30318 to increase the hourly rate from $75/hour to $100/hour for arborist and landscape consulting services - City of Smyrna Sponsors : Gould The background information was presented to Mayor and Council by Ms. Saddler Jones. Boutte Tree, Inc. has requested the hourly rate increase from $75/hour to City of Smyrna Page 8 Printed on 8/28/2019 City Council Meeting Minutes - Final June 17, 2019 $100/hour to cover increases in overhead costs and expenses, so they are requesting a contract amendment for arborist and landscape consulting services. The City has contracted with Boutte Tree, inc. for consulting services at the $75.00/hour since November 10, 2012. This is the first price increase that the City has received. The proposed contract amendment will run from July 1, 2019 to July 1, 2020. Community Development recommended approval of the contract amendment. Councilmember Tim Gould made a motion to approve and authorize a contract amendment with Boutte Tree, Inc., 2144 Bolton Rd. NW, Atlanta, GA 30318 to increase the hourly rate from $75/hour to $100/hour for arborist and landscape consulting services - City of Smyrna. Councilmember Maryline Blackburn seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson E. 2019-203 Approval of a consulting contract with Tindale-Oliver, 1000 N. Ashley Dr., Suite 400, Tampa, FL. 33602 to conduct the Smyrna Transit Analysis and Feasibility Study allocated from Atlanta Regional Commission (ARC) grant amount of $300,000 for a total of $365,020 which includes city matching funds of $65,020 FYI CIP and authorize the Mayor to execute all related documents. Sponsors: Gould Ms. Tammi Saddler Jones reviewed the pertinent information for this agenda item. The City of Smyrna requested qualifications and cost proposals for consultants to develop the Smyrna Transit Analysis and Feasibility Study. This project is partially funded by a grant from the Atlanta Regional Commission (ARC). Five (5) firms submitted proposals and the proposals were ranked by six evaluators. Following evaluation without costs, the team conducted interviews with the top three firms on May 15, 2019. Based on the results of the firm's proposal, qualifications, interviews, along with pricing submitted, it is the staff team's recommendation the award be made to the most responsive and responsible proposer Tindale Oliver in the amount of $365,020. 00 and authorize the Mayor to execute all related documents. Councilmember Tim Gould asked for Mr. Russell Martin to step forward and provide some information on the study so that everyone has a better understanding of what will be included. Mr. Martin explained that this study does not mean the City will have its own transit system. The goal is to study all potential modes of transportation and possible improvements to the City, the County, and the Region as a whole. Councilmember Tim Gould made a motion to approve a consulting contract with Tindale-Oliver, 1000 N. Ashley Dr., Suite 400, Tampa, FL. 33602 to conduct the Smyrna Transit Analysis and Feasibility Study allocated from Atlanta Regional Commission (ARC) grant amount of $300,000 for a total of $365,020 which includes city matching funds of $65,020 FY19 CIP and authorize the Mayor to execute all related documents. Councilmember Ron Fennel seconded the motion to approve. City of Smyrna Page 9 Printed on 8/28/2019 City Council Meeting Minutes - Final June 17, 2019 The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson F. 2019-212 Approval of a contract with MaxAir Mechanical, 814 Livingston Court, Marietta, GA 30067, for HVAC preventative maintenance and repair for city buildings for a three year term, with an option to renew annually and authorize the Mayor to execute all related documents. Sponsors: Welch The background information on the item was presented by City Administrator Saddler Jones. The City of Smyrna has contracted with Johnson Controls since 2004 for heating, ventilation and air condition preventive maintenance and repair for city buildings. Our public works staff requested proposals from Johnson Controls (Sourcewell cooperative) and MaxAir Mechanical (NCPA cooperative). Staff found that MaxAir Mechanical is the contracted vendor for Cobb County Government and they are a participating vendor on National Cooperative Purchasing Alliance (NCPA.) It is the recommendation of Public Works Director and the Purchasing Manager to award the HVAC contract to MaxAir Mechanical (Midwest Mechanical) for a 3-year contract with option to renew each year in the amount $481, 936.00 and authorize the Mayor to execute all related documents. Councilmember Charles "Corkey" Welch inquired as to the presence of a cancellation clause in the contract. Mr. Frank Martin answered that there is a cancelation clause included. Councilmember Charles "Corkey" Welch made a motion to approve a contract with MaxAir Mechanical, 814 Livingston Court, Marietta, GA 30067, for HVAC preventative maintenance and repair for city buildings for a three year term, with an option to renew annually and authorize the Mayor to execute all related documents. Councilmember Maryline Blackburn seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson G. ORD2019-1 Approval to amend the City of Smyrna Code of Ordinances, Chapter 98 by adding section 98-41 regulating storage and use of Shareable Mobility Devices on Public right-of-way. Sponsors: Norton Ms. Saddler Jones advised Mayor and Council as to the background. The City has a substantial interest in regulating how private operators of Shareable Mobility Devices operate on the public rights -of -way. Safety is our top priority and one of the main reasons for our ordinance. The general provisions of this new ordinance make it unlawful to provide or offer for use a Shareable Powered Mobility Device anywhere within the City. It makes it unlawful to park, leave standing, leave lying, abandon, or City of Smyrna Page 10 Printed on 6/2&2019 City Council Meeting Minutes - Final June 17, 2019 otherwise place a Shareable Powered Mobility Device in a public right-of-way or on public property anywhere within the City. It makes it unlawful to operate a Shareable Powered Mobility Device in a public right-of-way or on public property anywhere within the City. For purposes of this ordinance, Shareable Powered Mobility Device means an electric/motorized or human -powered device that permits an individual user to move or be moved freely. City staff we want to address this matter before it becomes a bigger problem in our community. Our neighboring City of Marietta also recently enacted an ordinance. Our Police Chief and city staff recommended adoption of the ordinance. Councilmember Derek Norton made a motion to approve and amend the City of Smyrna Code of Ordinances, Chapter 98 by adding section 98-41 regulating storage and use of Shareable Mobility Devices on Public right-of-way. Councilmember Charles "Corkey" Welch seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson H. ORD2019-13 Approve the amendment to the City of Smyrna's Code of Ordinance Chapter 102 by adding, Article V, Water System to include Sections 102-48, 49, 50, 51, 52, 53, 54, 55, 56, and 57. These updates are to satisfy mandatory requirements set forth by the Metropolitan North Georgia Water Planning District (MNGWPD) and Georgia Environmental Protection Agency (EPA) and request the Mayor and Council approve updates to Article V Water System to include new sections in the City's Code of Ordinances. Sponsors: Welch Councilmember Charles "Corkey" Welch made a motion to approve the amendment to the City of Smyrna's Code of Ordinance Chapter 102 by adding, Article V, Water System to include Sections 102-48, 49, 50, 51, 52, 53, 54, 55, 56, and 57. These updates are to satisfy mandatory requirements set forth by the Metropolitan North Georgia Water Planning District (MNGWPD) and Georgia Environmental Protection Agency (EPA) and request the Mayor and Council approve updates to Article V Water System to include new sections in the City's Code of Ordinances. Councilmember Derek Norton seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson 2019-204 Award RFQ 19-021 Water Line Installation State Route 280 to the lowest bidder K.M. Davis Contracting Co. Inc., 3259 Austell Road, Marietta, Ga. 30008 for $377,545.00 from Water CIP and authorize the Mayor to execute all related documents. Sponsors: Welch City of Smyrna Page 11 Printed on M&2019 City Council Meeting Minutes - Final June 17, 2019 Councilmember Charles "Corkey" Welch made a motion to approve and award RFQ 19-021 Water Line Installation State Route 280 to the lowest bidder K.M. Davis Contracting Co. Inc., 3259 Austell Road, Marietta, Ga. 30008 for $377,545.00 from Water CIP and authorize the Mayor to execute all related documents. Councilmember Tim Gould seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson J. 2019-198 Award RFQ 19-020 Durley Lane Storm Drainage Rehabilitation to the lowest bidder TyBe Company, LLC, P. O. Box 276, Newbern, TN 38059 for the amount of $199,390.15 from Stormwater fund and authorize the Mayor to execute all related documents. Sgonsors: Fennel Councilmember Charles "Corkey" Welch made a motion to approve and award RFQ 19-020 Durley Lane Storm Drainage Rehabilitation to the lowest bidder TyBe Company, LLC, P. O. Box 276, Newbern, TN 38059 for the amount of $199,390.15 from Stormwater fund and authorize the Mayor to execute all related documents. Councilmember Ron Fennel seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson 7. Commercial Building Permits: There were no Commercial Building Permits. 8. Consent Agenda: Councilmember Tim Gould made a motion to approve the consent agenda as read aloud by City Administrator Tammi Saddler Jones. Councilmember Ron Fennel seconded the motion to approve. The motion to approve was carried by the following vote: Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Blustein, Councilmember Welch, Councilmember Gould and Councilmember Fennel Absent: 1 - Councilmember Wilkinson A. 2019-205 Approval of the June 3, 2019 Mayor and Council Meeting Minutes. City of Smyrna Page 12 Printed on 612812019 City Council Meeting Minutes - Final June 17, 2019 B. C. D. 9. 10. 2019-206 Approval of the June 3, 2019 Pre -Council Meeting Minutes. 2019-210 Approval of the May 30, 2019 Committee of the Whole Meeting Minutes. 2019-209 Fiscal Year 2019 Budget Amendment Sponsors: Fennel Committee Reports: Mr. Ron Fennel congratulated the Finance team for their work on the budget and let everyone know that the budget will be tweaked as needed so that the City can remain fiscally responsible. The Smyrna Blue 12U baseball team played in the State Championship recently. He announced that Riverview Landing is having a hard hat tour on Sunday, July 23, 2019 and encouraged everyone to take part. Mr. Tim Gould offered his congratulations to the new Assistant City Engineer Ashley White. Mr. Charles "Corkey" Welch thanked the local Masonic Lodge and Boy Scout troop for inviting him to a flag retirement ceremony. It was a memorable experience and he suggested that others attend the ceremony when possible. Ms. Mary/ine Blackburn welcomed Assistant City Engineer Ms. Ashley White to the City. She also sent out a big congratulations to Mr. Jason York who is a fifth grade teacher at Smyrna Elementary and was recently awarded as teacher of the year. Ms. Blackburn recently attended the Philippine independence Day celebration and said it was a wonderful event. Ms. Tammi Saddler Jones offered her condolences for HR Director Kay Bolick who recently lost her mother. Mayor Bacon talked about the recent boil water advisory and the events surrounding that. Show Cause Hearings: 11. Citizen Input: There were no Show Cause Hearings. Mr. Leonard Robinson, 1809 Teasley Drive SE, thanked everyone for the appointment to the Keep Smyrna Beautiful Board. He spoke about the upcoming name change to the Department currently known as Keep Smyrna Beautiful. Mr. Robinson asked for more transparency and for Sustainable Smyrna to be recognized as an advisory committee to the City. Ms. Jenny Bartee, 4094 Laurel Springs Way, signed up to speak about sustainability. She volunteers with Keep Smyrna Beautiful throughout the year and thinks it is a great organization. Ms. Bartee made some suggestions including changing the lighting in the parks to LED, offering incentives to encourage people to recycle more and throw away less trash, and utilizing compost bins at festivals and events. City of Smyrna Page 13 Printed on 8/2&2018 City Council Meeting Minutes - Final June 17, 2019 12. Adjournment: Ms. Pat Burns, 10 Concord Road, spoke about wanting to see a connection built between Keep Smyrna Beautiful and Sustainable Smyrna. She has lived in the City many years and would like to see sustainability as a priority. Mayor Bacon adjourned the June 17, 2019 Mayor and Council meeting at 8:20 PM. City of Smyrna Page 14 Printed on 6/28/2019 1 • MAYOR AND COUNCIL MEETING A. MAX BACON, MAYOR (4 &fix M&xt'�4u ANDREA BLUSTEIN, WARD 2 -ck�")o 0('—ALk l1U CHARLES A. WELCH, WARD 4 / L TIM GOULD, W& I7 6 TERRI GRAN M, CITY CLERK isd fz� � 6 � � DOTEK NORTON, WARD 1 1 e f1�- SUSAN WILKINSON, WARD 5 WNW 10 F "• OF SMY'''% i OFFICIAL r = SEAL ,��RN4 i 1 GEOR .iJ,�, , 4 ORDINANCE 2019-11 SHARABLE POWDERED MOBILITY DEVICES ORDINANCE 2019-11 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES, CHAPTER 98, TRAFFIC AND VEHICLES, ARTICLE II, VEHICLE IMPOUNDMENT, BY ADDING SECTION 98-41, SHARABLE POWDERED MOBILITY DEVICES WHEREAS, shareable powered mobility devices, electric scooters and bicycles, available to be rented on demand from unstaffed locations, have suddenly and unexpectedly appeared in cities throughout the country, and have rapidly proliferated in an unregulated environment; and WHEREAS, these privately -owned devices are frequently stored on publicly owned rights -of - way without the consent of the local government jurisdiction. As they are not secured to a bike rack or other infrastructure, dock less electric scooters and bicycles are frequently abandoned by users on streets, sidewalks and other public places creating safety concerns, especially for vulnerable pedestrians; and WHEREAS, the City has a substantial interest in regulating how private operators of Shareable Mobility Devices operate on the public rights -of -way to promote public safety, and to ensure the public right-of-way remains free of obstructions and hazardous operations; and WHEREAS, for the immediate preservation of the public peace, health, and safety, the City Council has decided to proactively address the hazards posed by Shareable Powered Mobility Devices, electric scooters and bicycles being of specific public safety concern, operated on public rights of way and placed in and operated on public property. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: SECTION 1: That Chapter 98 Traffic and Vehicles of the Code of the City of Smyrna, Georgia be amended by inserting a new Section 98-41 entitled "Shareable Powered Mobility Devices", as follows: Section 98-41. Shareable Powered Mobility Devices. (a) Purpose. The purpose of this ordinance is to prohibit Shareable Powered Mobility Devices from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, so as to allow for adequate pedestrian traffic flow and to promote public safety. (b) Definition. For purposes of this ordinance, Shareable Powered Mobility Device means an electric/motorized or human -powered device that permits an individual user to move or be moved freely, is not registered with the state of Georgia, Cobb County or the City ORDINANCE 2019-11 SHARABLE POWDERED MOBILITY DEVICES of Smyrna, is available for rent to certain members of the public via an on -demand portal, whether a smartphone application, membership card, or similar method at unstaffed, self- service locations provided by a party other than the City or vender of the City. Such devices shall include but not be limited to bicycles/e-bicycles, scooters/e-scooters, and other similarly operated vehicles. (c) General Provisions. It is unlawful to provide or offer for use a Shareable Powered Mobility Device anywhere within the City. 2. It is unlawful to park, leave standing, leave lying, abandon, or otherwise place a Shareable Powered Mobility Device in a public right-of-way or on public property anywhere within the City. 3. It is unlawful to operate a Shareable Powered Mobility Device in a public right-of- way or on public property anywhere within the City. (d) Violations; Impoundment. Devices violating Section (c) 2 of this ordinance shall be considered a safety or traffic hazard and may be immediately removed from the right- of-way. The City of Smyrna, GA Police Department's Property and Evidence Unit or its designee will attempt to notify any identifiable owner of an impounded mobility device within 48 hours of impoundment. The costs associated with the recovery of an impounded device will be posted in the City of Smyrna, GA Schedule of Fees and Charges and will be the responsibility of the owner of the device. Any person violating any provision of this section may be punished as provided in Section 1-8 of the Smyrna Code of Ordinances. SECTION 2: If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this ordinance shall be and remain in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. It is the intention of the Mayor and Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish such intention. ORDINANCE 2019-11 SHARABLE POWDERED MOBILITY DEVICES The above Ordinance was read and approved by the Mayor and Council of the City of Smyrna, Georgia, on the 17th day of June 2019. Attest: Terri Graham, City Clerk 10 F �sA,y%, .SEAL Al OFFICIAL SEAL = G�Nr As t form: / �'RNA, GEO� Scott Cochran, CitV-1Rtorney 3 A. Max Bacon, Mayor r Ir � Ordinance 2019-13 Chapter 102 - Utilities ORDINANCE 2019-13 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES, CHAPTER 102, UTILITIES, ADDING ARTICLE V, WATER SYSTEM, SECTIONS 102-48, 102-49, 102-50, 102-51, 102-52, 102-53, 102-54, 102-55, 102-56, 102-57 BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA WHEREAS, State law provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law; and WHEREAS, the Mayor and Council of the City of Smyrna are charged with the protection of the public health, safety, and welfare; and WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of Ordinances by adding Section 102-48 - Water System design, maintenance; Section 102-49 - Administrative orders and penalty; 102-50 - Elevation of wastewater connections, check prior to pouring foundation; 102-51 - Conditions to determine if building is served by public wastewater system; 102-52 - Connections of downspouts, drains to wastewater system; 102-53 - Water and wastewater connections; 102-54 - Restoration of disturbed public property; 102-55 - Cross - connection control and backflow prevention; 102-56 - Installation of mutual fire line meter on unmetered fire service systems; 102-57 - Commercial car wash requirements; of the City's Zoning Ordinances NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their authority, do hereby adopt the following amendment. ARTICLE V - WATER SYSTEM Sec. 102-48 - Water System design, maintenance and hazard reduction procedures. (a) Goals. (1) The City of Smyrna operates and maintains approximately 240 miles of water distribution lines. The City of Smyrna operates and maintains a distribution system only and buys their water from Cobb County Water System and the Cobb Marietta Water Authority and distributes the water to the Smyrna customer. Currently water treatment and pressure is provided by the CCMWA. Ordinance 2019-13 Chapter 102 - Utilities (2) The purpose of this document is to establish construction, maintenance and operations standards that reflect constant growth, changing hydrologic conditions and system age. System goals are to: • Properly maintain and operate the water distribution system at all times. • Provide specific construction requirements for system renewal and extension. • Provide adequate capacity and pressure for all parts of the distribution system. • Properly administer and enforce backflow prevention throughout the City of Smyrna distribution system. (b) Organization. (1) The City of Smyrna Water System is comprised of two operating groups: water administration and water distribution. The water administration activities are responsible for the business services of the system, system meter reading and meter system change out. (2) Water distribution is responsible for system maintenance and engineering. Responsibilities include system design, preventive maintenance, system repair and system replacement. System location and identification is accomplished by GPS methods and flow testing and hydraulic modeling to establish system flows and capacity. (c) Operations. System operations are conducted by both water distribution and water administration. All calls originated from customers, the general public and other agencies are logged into the City of Smyrna utilities management systems. Once logged the appropriate personnel or division is notified to identify, assess and correct the problem. The City of Smyrna maintains emergency on call staff and on call contracting for all after normal working hour's situations. The City of Smyrna Emergency 911 dispatch center maintains dispatch for after hours on call water distribution staff. Both 911 dispatch and water distribution maintain an emergency contact and call down list for emergency situations. (d) Maintenance. System maintenance is a collaborative responsibility of both water administration and water distribution. (1) Water administration performs the following functions: • All business administration of the city water distribution system. • Monthly reading of all system meters. • System meter replacement and calibration annually. • System odor, taste and color complaint response and testing. • Ensure monthly operation/monitoring reports are conducted as required by permit. (2) Water distribution performs the following functions: • Data, work order and records management for water distribution system. K Ordinance 2019-13 Chapter 102 - Utilities • New meter installation three -quarter -inch through 2 %z inches. • Administer contract for new meter installation three inches through ten inches. • System repairs to distribution services, mains and hydrants. • Operation of system valves to ensure proper working condition. • System mapping annually and updated to include location, size, material type, valve locations, fire hydrants, dead ends, installation date, system flow and pressure. • Cross connection control program update and implementation. • System flushing and flow testing. • System replacement due to age, water quality and system capacity. • Periodic leak detection to reduce system leakage. (e) Distribution system design. (1) The city distribution systems shall be designed to the following design standards. Installation of distribution water lines and appurtenances, other than by the city, shall first be submitted by way of construction drawing. Construction drawings shall meet the city design standards in order for approval to be given by the city. Design flow for all new installations shall be a minimum of 1,000 gpm at 35 psi residual. Only after plan approval shall the installations of distribution water lines and appurtenances begin. (2) Piping shall not be laid on exposed rock or aggregate and all backfill is required to be clean and free of rocks. Bed fill shall be compacted to a minimum of 95 percent standard Proctor. All changes in direction including tees, bends, caps, plugs, hydrants and other fittings are to be thrust blocked to prevent leakage and or separation of joints. (f) Flow test. (1) Before acceptance by the city, the water and or utility contractor shall have hydrant flow tests performed on all hydrants installed. This test will be conducted in the presence of the city site development inspector. Tests shall be conducted by an approved testing company and shall include flow, GPM, static pressure, pitot reading and hydrant type, year and location. Results shall be submitted to the site inspector in writing when complete. (g) Valves. (1) All required valves throughout the distribution system are required to be M & H mechanical joint gate valves with wrench nuts. Valves shall be right hand operation only. Valve spacing shall be a maximum of 1,000 ft with valves installed at all intersections where change in direction occurs. Valve boxes are required for each valve including concrete valve pads installed to grade. Valves boxes that occur in roadways will be flush with top of pavement. Valve boxes shall not occur within a curb line. (h) Dead ends. The installation of water mains shall not cause a dead end. A loop shall be provided at such dead ends with 2 %z-inch PVC 200 psi water line 41120, ASTM D 2241. The line shall be valved with a 2'/a-inch Ford Gate Valve with wrench nut. The PVC water line shall be wrapped with a Ordinance 2019-13 Chapter 102 - Utilities continuous No. 6 insulated copper wire and terminate in each valve box to enable access for electronic locating. Fire hydrants shall be located at the dead ends and cul-de-sac's for distribution system flushing. (i) Service lines. (1) All service lines shall be individual, one service per single-family structure, and a minimum of 3/4-inch type K continuous copper tubing. The water main shall be dry or wet tapped. All taps will be at 90 degrees from top center using a tapping saddle and tapped through a corporation stop. Approved manufactures for tapping saddles are JCM, Smith -Blair or Ford. Approved manufactures for curb and corporation stops are AY McDonald or Ford. Top taps shall not be allowed. (2) The service piping shall terminate with an approved curb stop, flare or compression and be in an approved meter box. Carson Industries are approved meter box manufactures. Meter sizes three-quarter inch through one inch require a model 1419 box w/General Foundries 51712wm lid. Meter sizes 1 % inch through 2 '/z inches require model 1730-18 meter box w/lid. Meters three inches and larger shall be installed in meter vaults manufactured by Old Castle and have recessed flush lockable aluminum lids. Meter boxes shall be placed at the R/W line in front of the property served, perpendicular to the street and at finished grade. No meter box shall be located in driveways or roadways. The city shall set all meters after the purchaser makes a request. Meters will only be set in a meter box with an accessible and exposed curb stop. All water use shall be metered including fire lines and sub -metering read by a third party where at all possible. City meters are ARM with leak detection capability. All meter sets shall include two meter couplings. No customer service shall be attached to a meter without the use of a meter coupling. (3) The developer, purchaser and or contractor shall be responsible for the final placement of all meter boxes when finish landscape does not exist during placement of meter. Meter shall be centered in meter box and bottom of meter shall be at bottom of meter box elevation. 0) Testing for soundness and tightness. (1) After water main piping is installed all sections shall be filled, air shall be released from the system through curb stops and hydrants, sit idle for at least 24 hours before the test starts. The pressure shall be brought up to 150 psi by using hydrostatic equipment and maintained for a period of four hours. Any loss of pressure will indicate leakage. When leakage occurs repairs shall be made and the test repeated until 150 psi is maintained for four hours. (k) Disinfection. (1) Main repairs. If repairs are made under continuous pressure no disinfection is required. When mains are required to be opened all trenches shall be dewatered. All pipe, fittings and materials used in the repair shall be flushed and swabbed with a five percent hypochlorite solution. System flushing shall occur after repairs are made. The main shall be disinfected if practical using a 500 mg/l dose of sodium hypochlorite with 30 minute contact 4 u Ordinance 2019-13 Chapter 102 - Utilities time. Flushing after disinfection is required until a chlorine residual of less than one mg/1 is obtained. Samples must be collected and tested for satisfactory microbiological quality prior to placing line into service. (2) New mains. Every effort shall be made to prevent the contamination of newly installed water mains. Materials such as dirt, construction debris, animals, rodents, dirty water, etc., shall be kept outside the water main using every effort possible while the main installation is in progress. All mains shall be flushed completely at a minimum velocity of 2.3 ft/sec. for at least 30 minutes, before the disinfection process is performed. Disinfection of new water mains shall be accomplished by the continuous method only. Sodium hypochlorite at 15 percent available chlorine or calcium hypochlorite at 65 percent available chlorine is approved liquid chlorination methods. The chlorine dose after injection shall be at 50 mg/1 at all sampling points of the water main. Once obtained a minimum contact time of 24 hours is required. After contact time minimum chlorine residual of 25 mg/1 shall be obtained at all sampling points. Failure to obtain a minimum of 25 mg/1 shall result in a repeat of the chlorination process. The water and or utility contractor shall be responsible for having all chlorination testing performed and shall use a certified laboratory to validate test results. All sampling is required to be conducted in the presence of the city site development inspector or his designee. The city shall be copied on test report. After disinfection of a new water main the system shall be flushed to produce a chlorine residual of less than one mg/l. A bacteriological test is now required. The water or utility contractor is responsible for this test, which shall be obtained and tested by the Cobb Marietta Water Authority in the presence of the city site development inspector or his designee. Failure to obtain a negative bacteriological test shall result in a repeat of the chlorination process. The city shall be copied on test report. All water with a chlorine residual greater than one mg/1 shall be disposed of in the following manor: a. Sanitary sewer system, after notification to the city and waste treatment plant operator. b. Storm sewer, after de -chlorination or chlorine residual is below one mg/1 C. Land disposal where adequate dilution and travel time will result in a chlorine residual of less than one mg/1. (1) Main lines. (1) Water distribution system main lines shall be ductile iron pipe class 51. Minimum pipe size shall be eight inches. Fire hydrants shall be installed according to current NFPA standards but shall be spaced no more than 500 feet apart. The city fire marshal may modify hydrant spacing. All hydrants shall be M & H or U.S. three-way, nozzle sizes two, 2 '/Z-inch NTS and one 4 %2-inch NTS. Hydrant barrel size shall be a minimum of 5.25. New hydrants are required to be painted silver by the manufacturer. Each hydrant shall have an M & H hydrant grate valve installed with complete valve box and y �; Ordinance 2019-13 Chapter 102 - Utilities concrete valve pad to finish grade. No fire hydrant shall be buried below the hydrants bury line. Anchor couplings and thrust blocking is required on all fire hydrants and hydrant leads. (m) Location. (1) Water mains shall only be placed in the city right-of-way that is designated as the water and gas zone. Water mains shall be placed between three feet back of curb and nine feet back of curb. Gas mains sharing the water and gas zone shall be placed between nine feet back of curb and 11 feet back of curb. No other utility shall share the water and gas zone other than to cross perpendicularly. Any utility crossing a water main perpendicularly shall be under the water main and shall not be in contact with it. (2) All water mains shall be buried between a top of pipe depth elevation of four and five feet unless otherwise approved by the city water department. (n) Taps. All main on main taps shall be approved by the city prior to installation. Wet taps require an M & H MJ tapping sleeve and valve. All cut in taps shall be installed with a mechanical joint tee, valve and two 12-inch MJ sleeves. (o) Cross connection control. In order to protect the public potable water supply systems against actual or potential cross connections, backflow and back-siphonage all commercial water customers are required to have their backflow and back-siphonage devices tested annually. The city shall notify by mail all commercial water accounts during each November billing period of the requirement for testing. Test reports for each commercial water account are required to be submitted no later than the end of February each year. Commercial water accounts customers who do not have cross connection control devices shall be required to install the proper device based upon the potential hazard that may exist. All cross connection devices, backflow and back-siphonage devices shall be installed in accordance with the city cross connection control program. Devices required by the city or the cross connection control program that are not installed will result in discontinuance of water service. Records of all devices, tests and locations shall be kept and recorded annually. All backflow device testers shall be certified as require by the EPD. (p) Distribution system flushing. (1) All flushing activities shall require a preplan. The plan will include locations, day hours between 7:00 a.m. and 4:00 p.m. or evening hours 9:00 p.m. and 5:00 a.m. and a MUTCD plan. (2) Preplan main section to be flushed, valves to be used in section and order pipeline will be flushed. (3) Pipeline flushing shall use the unidirectional method, therefore starting at the supply and working outward. (4) Minimum flushing velocity is two and one-half feet per second unless circumstances will not permit do not flush a large main supplied by a smaller main. Ordinance 2019-13 Chapter 102 - Utilities (5) Prior to flushing, notification is necessary to all customers that will be affected. Pay specific attention to where dialysis equipment may be located, hospitals, restaurants and laundromats. (6) Sections to be flushed shall be isolated from the rest of the system. All valves shall be closed slowly to prevent water hammer. (7) Open fire hydrants and or blow off valves slowly. (8) Flushing shall be directed away from traffic, pedestrians and private property. (9) Hydrant and or blow offs shall be opened fully to stir up sediments inside the water main (usually five to ten minutes) usual line flushing is for at least 30 minutes. (10) Ensure system pressure in the area does not drop below 20 psi. (11) Records shall be kept for each flushing operation to including appearance and odor of the water flushed. (12) Collect two water samples for comparison, First sample at about two to three minutes after hydrant was opened and one just before hydrant is closed. These samples check for basic water quality such as iron, chlorine, residual, and turbidity. (13) After flushing of fire hydrant or blow off valve, close hydrant or blow off valve slowly. (14) In areas where water may not clear completely, collect water bottle samples to judge when to shut down. (15) Closing and opening of valves should be marked and erased on a map to ensure all valves are open when complete. (16) After flushing one section of the pipe, move to the next section to be flushed and repeat the same procedures. 7 Ordinance 2019-13 Chapter 102 - Utilities 1000 LF 8" DIP WITH AN INITIAL 50 MG/L DOSE OF CHLORINE Example continued (.785)(8 in.)2 (1000 ft.) (7.48 gal/cu. ft.) 144 sq. in. / sq. ft 2610 gal. of water (00261 m/gal.) (50 mg/1) (8.43 lbs/gal.) 1.1 lbs Chlorine (1.1 lbs.) (100%) (8.43 lbs/gal) (5%) 2.6 gals or approx. 3 gals. 5% Sodium Hypochlorite Solution (1.1 lbs) (100%) (8.43 lbs./gal) (15 %) .89 gals or approx. 1 gal 15% Hypochlorite Solution (1.1 lbs) (100 %) (8.34 lbs/gal) (65 %) .21 gals or approx..5 gals of 65 % Calcium Hypochlorite Solution (Ord. of 2-6-84 (83-8), § 1; Ord. of 2-3-92 (92-01); Ord. No. 2015-17 , 8-17-15; Ord. No. 2017- 01 , 1-17-17) Section — 102-49. Administrative orders and penalty. (a) Compliance or administrative orders. When it is found that a user has violated or continues to violate this article, or a permit or an order issued thereunder, the water system may issue an order to the user responsible for the discharge directing that, following a specific time period, water and wastewater service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements 8 Ordinance 2019-13 Chapter 102 - Utilities as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self -monitoring and management practices. (b) Cease and desist orders. When it is found that a user has violated or continues to violate this article or a permit or order issued thereunder, the department director may issue an order to cease and desist all such violations and direct those persons in noncompliance to: (1) Comply forthwith; and (2) Take such appropriate remedial or preventive actions as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. (c) It shall be unlawful for any person, user or customer to violate any provisions of this section. In addition to other remedies contained herein, violations shall be subject to the penalties contained in section 1-8. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Section—102-50. Elevation of wastewater connections, check prior to pouring foundation. It shall be the obligation of the owner of the building being connected to the city wastewater system to determine the elevation, grades and alignment of sewer lines necessary to serve the building prior to the pouring of the building foundation or footings, and to design and construct the connecting sewer in accordance with the information this obtained. Whenever possible, a building sewer shall be bought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the city wastewater system, the wastewater carried by such building drain shall be lifted in accordance with subsection 122-126 (b). Operation and maintenance of such a lifting system shall be the sole responsibility of the property owner. Section — 102-51. Conditions to determine if building is served by public wastewater system. The city wastewater system is designed to provide gravity service to the ground level floor of buildings, and above. Basements and below -grade living areas may or may not be served by gravity by the city wastewater system. A building is considered to be "served: by the city wastewater system for purposes set forth in this article whenever sewer service is provided to the ground level floor. Section—102-52. Connections of downspouts, drains to wastewater system. Ordinance 2019-13 Chapter 102 - Utilities No persons shall make connection of roof downspouts, foundation drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the City wastewater system unless such connection is approved for purposes of disposal of polluted surface drainage and for which a discharge permit has been issued. Section — 102-53. Water and wastewater connections. (a) Construction procedures. (1) All water and wastewater connections that might impact public roadways shall be carefully evaluated to identify means available to minimize impacts to existing pavement; (2) All road cuts and restorations shall be performed in compliance with applicable provisions of the Development of Standards of City of Smyrna. (b) Inspection of connection by City. The applicant for a building sewer connection permit shall notify the department director when the building sewer is ready for inspection and connection to the county wastewater system. The connection and testing shall be made in the presence of the department director or his representative. (c) Guarding excavations. All excavations for building sewer installations shall be adequately guarded with barricades and lights in compliance with all OSHA and state department of transportation requirements so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored to substantially the same condition as prior to the disturbance in a manner satisfactory to the city. Section—102-54. Restoration of disturbed public property. All water or wastewater construction work conducted on the public right-of-way or any public property by anyone other than department personnel shall be conducted only with proper permission from the department director. All disturbed areas as a result of such construction shall be restored to substantially the same condition as prior to the disturbance. The scheduling of such construction activities shall be as approved by the department director if such scheduling approval is determined to be in the public's best interest. Section — 102-55. Cross -connection control and backflow prevention. (a) Purpose and intent. The purpose of this section is to protect the city's public potable water supply from actual or possible contamination or pollution by isolating within the customer's internal distribution system or the customer's private water system such contaminants or pollutants which could backflow into the public water system. This section also provides for the maintenance of a continuing program of cross- 10 Ordinance 2019-13 Chapter 102 - Utilities connection control with the goal of systematically and effectively preventing contamination or pollution of the city's water system by containment. (b) Definitions. In this section: (1) Air -gap means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level (overflow) rim of such vessel. An approved air -gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the overflow rim of the vessel; and in no case less than one inch. (2) Approved means accepted by the director as meeting applicable specifications stated or cited in this section or as the director, in his or her discretion, finds suitable for the proposed use. (3) Approved backflow prevention device means a device that has been manufactured in full conformance with the standards established by the American Water Works Association entitled "AWWA C506-78 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices," and has met completely the laboratory and field performance specifications of the Foundation for Cross -Connection Control and Hydraulic Research of the University of Southern California established by the publication "Specifications of Backflow Prevention Devices # 69-2" dated March, 1969 or the most current issue of thereof. Any device where approval is required by the fire marshal's office shall be listed for fire protection use as required by the National Fire Protection Association Codes, as may be amended from time to time. (4) Approved tester means a person holding a currently valid certification recognized by the state environmental protection division. (5) Auxiliary water supply means any water supply on or available to the premises other than the city's approved public water supply. These auxiliary waters include, but not limited to, water from another purveyor's public potable water supply or any natural source such as a well, spring, river, stream, harbor, etc., or used wasters or industrial fluids. These auxiliary waters may be contaminated, polluted or constitute an unacceptable water source over which the city does not have sanitary control. (6) Backflow means the reversal of the normal flow of water caused by either back pressure or back-siphonage. (7) Backflow preventer or backflow prevention device means a device, process or means designed to prevent backflow. 11 Ordinance 2019-13 Chapter 102 - Utilities (8) Back pressure means the flow of water or other liquids, mixtures or substances under pressure into the distribution pipes of a potable water supply system from _ any source or sources other than the intended source. (9) Back-siphonage means the flow of water or other liquids, mixtures or substances into the distribution system, as a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system. (10) Check valve means a valve that is drip -tight in the normal direction of flow when the inlet pressure is at least on psi (pound per square inch) and the outlet pressure is zero, permitting no leakage in a reverse direction to the normal flow. The closure element of the valve is internally loaded to promote rapid, positive closure. Comprises only one component of a backflow prevention assembly. (11) City means City of Smyrna or the City of Smyrna Water System. (12) Contamination means any impairment of the quality of the city's potable water by the introduction or admission of any foreign substance, including but not limited to sewage, industrial fluids or waste liquids, compounds or other materials, to a degree which degrades the quality of the potable water and creates an actual or potential hazard to the public health through poisoning or through the spread of disease. (13) Cross -connection means any actual or potential physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. Alternatively, it is a connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that might allow such substances (such as gasses, liquids, or solids) to enter the potable water system and to affect the water's taste, color or odor. This term includes, but is not limited to, any temporary connections, such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or changeover devices or sliding multiport tubes. (14) Cross -connections, controlled means a cross -connection that has an approved backflow prevention device properly installed and maintained so that it will continuously afford protection commensurate with the degree of hazard. (15) Cross -connection control by containment means any of the following: a. At service connection: The installation of one approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control any or all actual or potential cross - connections within the customer's water system. b. After service connection: The installation of an approved backflow prevention device on the service line leading to and suppling all or a portion 12 Ordinance 2019-13 Chapter 102 - Utilities of a customer's water system where there are actual or potential cross - connections within the customer's premises which cannot be effectively eliminated or controlled at the point of the cross -connection. (16) Customer. Any owner of premises receiving city water system service or any end -user thereof, including any and all persons, natural or artificial including any individual firm, association or trust and any municipal or private corporation organized or existing under the laws of this or any other state or country. (17) Department means the City of Smyrna Water System. (18)Director means the director of the department who is vested with the authority and responsibility for the implementation of an effective cross -connection control program and for the enforcement of the provisions of this section. (19)Double check valve assembly means an assembly of two independently operating approved check valves with tightly closing shutoff valves on each end of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications as determined by a laboratory and field evaluation program resulting in current approval of a recognized and approved testing agency for backflow prevention assemblies. To be approved, these devices must be readily accessible for inline testing and maintenance. (20) Hazard, degree of is a term evaluating the potential risk to public health based on available information and categorization of potential sources of contamination or pollution and the adverse effect of the contamination or pollution upon the potable water system. (21) Hazard, health means any condition, device, or practice affecting the water supply system and its operation which creates or could create, or in the judgement of the director, may create a present or future danger to the health and well-being of the water consumer or the city's potable water supply. (22) Hazard, pollution means any actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or aesthetically objectionable as to taste, odor or color or could cause damage to the system or its appurtenances, but would not necessarily be dangerous to the health of the water consumer. (23) Hazard, system means an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system. (24)Industrial fluids systems means any system containing a fluid or solution which would constitute a health, system or pollution hazard if introduced into an approved water supply. This may include, but not limited to: Polluted or I contaminated waters; process waters and "used waters" originating from the i 13 Ordinance 2019-13 Chapter 102 - Utilities public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulating cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for firefighting purposes; or contaminated natural waters emanating from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems. (25) Pollution or polluted means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade the water's quality so as to constitute a hazard or to impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such water's domestic use. (26)Reduced pressure principle device means an assembly of two independently - acting, approved check valves together with a hydraulically operating, mechanically independent pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing shutoff valves at each end of the assembly. The entire assembly shall meet the design and performance specifications as determined by a laboratory and a field evaluation program resulting in current approval by a recognized and approved testing agency for backflow prevention assemblies. The assembly shall operate to maintain the pressure in the zone between the two check valves at an acceptable level less than the pressure on the public water supply side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In the event that either of the check valves leak, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devises must be readily assessable for in -line testing and maintenance and be installed in a location where no part of the device will be submerged. (27) Water, non potable means water which is not safe for human consumption or which is of questionable potability. (28) Water, potable means any water which, according to recognized standards, is safe for human consumption. (29) Water purveyor means a supplier of water, including property owners supplying water for their own use. (30) Water service connection means the terminal end of a service connection from the public potable water system (i.e., where the water purveyor loses jurisdiction 14 Ordinance 2019-13 Chapter 102 - Utilities and sanitary control over the water at its point if delivery to the customer's water system). If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. "Service connection" shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system. (31) Water system means the City of Smyrna water system and the customer's water system, where not specifically limited as such. The department system shall consist of the source facilities of the water system under the complete control of the department, up to the point where the customer's system begins (at and including the water meter and any required backflow prevention devices used in conjunction therewith). The source facilities shall include all components of the facilities used in the production, treatment, storage, and delivery of water to the distribution system. The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system. The customer's system shall include those parts of the facilities beyond the termination of the department's distribution system which are used in conveying department -delivered domestic water to points of use. (32) Water, used means any water supplied by a water purveyor from a public potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor. See also Georgia Rules for Safe Drinking Water, § 391-3-5-.13(); Manual of Cross - Connection Control, 9d' ed., University of Southern California, 1993; Recommended Practice for Backflow Prevention and Cross Connection Control, American Water Works Association Manual of Water Supply Practices, Manual 14, 2nd Ed., 1990; Cross - Connection Control Manual, United States Environmental Protection Agency, June 1989. (c) Duties. (1) Department. The director shall be primarily responsible for the protection of public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the public potable water service connection. Where appropriate, the department shall coordinate with other city departments, such as building inspectors, the fire department and the county board of health, to promulgate and enforce laws, ruled, regulations and policies to be followed in controlling cross -connections. a) Program implementation and execution. The department shall initiate a backflow prevention program and emergency plan designed to ensure that customers install, test and maintain approved backflow prevention devices I where needed to protect the public water supply from potential and actual hazardous sources of cross -connection. The department shall list, 15 Ordinance 2019-13 Chapter 102 - Utilities categorize, and prioritize for assessment potential sources of contamination or pollution by the degree of hazard they present to the public water supply. The department shall assess a customer's system by inspecting the customer's system, including cross -connections and devices used, and using all information available to determine whether all appropriate devices are installed and maintained in proper working order. The department shall map and schedule inspections of installed devices and premises to ensure all devices continue to be installed and maintained in proper working order. b) Discretion. The director shall use discretion, based on the Georgia Rules for Safe Drinking Water and on the city's policy and procedures for backflow and back-siphonage prevention and cross -connection control to determine whether the type of existing or proposed devices are sufficient to meet the threat of potential hazard to the city's potable water supply. c) Right to enter and to test. The director, the director's authorized representative, shall have the right to enter a customer's premises to inspect and to test the piping system or systems thereof for cross - connection and compliance with the city's backflow prevention ordinance and policy. On request, the customer or occupant of any property so served shall furnish to the inspections agency any pertinent information regarding the piping system or refusal of access, when requested, shall be deemed evidence of the presence of cross -connections. The department is authorized to seek an inspection warrant when a customer or occupant of premises refuses access. d) Notice. If, in the judgement of the director, an approved backflow prevention device is required at the customer's water service connection, the director or designated agent shall give notice in writing to the customer to install such an approved backflow prevention device at the service connection or where appropriate. e) Discontinuance of water service. The director has the authority to discontinue water service to the premises until the requirements of this section have been satisfactorily met. fl Notice to authorities. The department shall contact all appropriate federal state and local agencies, including the city board of health, upon a finding of possible contamination or pollution of the city's potable water supply. (2) Customer. The customer shall immediately install approved backflow prevention device(s) as required and directed by the department at the customer's own expense. The customer has the duty to maintain approved backflow prevention device(s) at all times. If a device so requires, the customer shall have the device tested annually or whenever deemed 16 Ordinance 2019-13 Chapter 102 - Utilities necessary by the department. The customer shall retain and provide testing results performed by an approved tester to the department as requested. Failure, refusal or inability on the part of the customer to install, have tested and maintained the device or to report testing results shall subject the customer to the Administrative Orders and Penalty Provisions of Sec 102-49 herein. (d) Requirements. The following requirements are part of the department's policy for protection of the water supply: (1) Protection. No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by state laws and regulation and this section. Service of water to any premises shall be discontinued by the water purveyor if a backflow prevention device required by this section is not installed, tested and maintained at the customer's expense, or if it is found that a backflow prevention device has been removed or bypassed. Service will not be restored until such conditions or defects are corrected. (a) Accessibility. The customer's system shall be readily accessible and open for inspection at all reasonable times to authorize representatives of the department to determine whether cross -connections or other structural, sanitary, contamination or pollution hazards, including violations of these regulations, exist. Reduced pressure backflow prevention devices and assemblies shall be readily accessible and installed in such a manner as to prevent partial or total submergence of the device or assemblies. Pit installations are prohibited. The city shall have the right to inspect and test the backflow prevention device or devices on an annual basis or whenever deemed necessary, at the customer's expense. Upon a customer's failure to provide access, the department shall be authorized to seek an inspection warrant. (2) Notice. When such a condition becomes known, but does not constitute an emergency, the director or his designated agent shall give notice in writing to such customer to install an approved backflow prevention device at his service connection. Emergency hazards. When the city becomes aware of an actual emergency condition, the city water system and/or the department of public safety shall be authorized to isolate or contain the hazard or take any steps necessary to protect the public water supply. The department taking action shall give notice to the customer as soon as is reasonably practical under the circumstances. (3) Installation. An approved backflow prevention device appropriate to the Idegree of hazard shall also be installed by the customer at the customer's 17 Ordinance 2019-13 Chapter 102 - Utilities expense on each service line to a customer's water system at or near the property line or immediately inside the building being serviced but, in all cases, before the first branch line leading off the service line whenever any the following conditions exist: a. When premises have an auxiliary water supply which does not or may not have a safe bacteriological or chemical quality and which is not acceptable as an additional source by the director. b. When premises upon which any industrial fluids or any other objectionable substances is handled in such a fashion as to create an actual or potential hazard to the public water system. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality. c. When premises have internal cross -connections that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross -connections exist. d. When premises contain any service connection3/4 inches or larger in diameter. (4) Types of devices required or prohibited. The type of protective device required shall be provided by and at the expense of the customer and shall depend upon the degree of hazard on premises. a. The public water system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device whenever any of the following conditions exist: 1. Where there is an auxiliary water supply. 2. Where there is any health hazard which is handled in such a fashion as to create an actual or potential hazard to the public water system. Examples of premises where these conditions will exist include sewage treatment plants, hospitals, mortuaries, and plating plants. 3. Where there are uncontrolled cross -connections, wither actual or potential. 4. Where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in - plant cross -connection survey or inspection. b. The public water system shall be protected by an approved air -gap separation or an approved double check valve assembly whenever there exists a substance that would ne objectionable but not hazardous to health if introduced into the public water system. 18 Ordinance 2019-13 Chapter 102 - Utilities c. Any backflow prevention device required herein shall be if an appropriate model and size. In addition, if a device is installed such that it directly affects fire hydrants, standpipes and/or sprinkler systems, the county fire marshal's office must approve the device prior to installation. d. The customer shall install a thermal expansion relief device in the customer's water system whenever a backflow prevention device is installed. e. Unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system shall be prohibited. (5) Effective dates. a. Section. This section shall become effective immediately upon approval by the board of commissioners. b. Compliance. Customers with pre-existing cross -connections, auxiliary intakes, bypasses, or interconnections in violation of this policy shall have a reasonable time to comply with the director's order to install an approved backflow prevention device. After a thorough investigation of existing conditions and an appraisal of the time required to install an approved device, the deadline for compliance shall be determined by the director. Section 102-56. Installation of mutual fire line meter on unmetered fire service systems. (a) Purpose of section. The purpose of this section is to require the installation of an underwriter -approved factory mutual fire line meter or the optional method of dual service on all unmetered fire service systems having fire hydrants, hand hose connections or sprinkler heads on private property. (b) Application for service connections. (1) All persons making application for new fire service connections with private fire hydrants, hand hose connections or sprinkler heads will be required to have an underwriter -approved factory mutual fire line meter or dual service connection installed as part of the fire service system. (2) When unauthorized water is used through a detector meter or a dual service connection in three or more billing periods in one calendar -year, it shall be replaced with a factory mutual fire line meter. Unauthorized use of water is 19 Ordinance 2019-13 Chapter 102 - Utilities defined as nonfirefighting water and/or water use without prior notifications and approval of the city revenue collection division. (3) All domestic water supply must be metered with a proper meter, at or near the property line. (c) Work to be performed by water system personnel or City designated contractor. Installation of factory mutual fire line meters as required by this section will be handled by City water system crews at the expense of the building owner or lessee. The cost of the installation will be at a rate established for each individual site. (d) Authority of revenue collection division, city water system. The city revenue collection division and the city of Smyrna water system shall have the authority to cut off water service to buildings whose owners refuse to comply with the provisions of this section upon proper notification. (e) Monthly standby charge, other billing. The regular monthly fire service standby charge shall be continued for fire service installation having a detector meter or mutual fire line meter. The water that is measured by the detector meter will be billed at five times the normal water charge. (f) Establishment of rates; additional requirements. Minimum monthly charges shall be as established by the City. In addition: (1) All water meters, detector for fire line shall be installed on or near city's rights -of - way. (2) Vaults shall be constructed to city specifications. (3) Vault construction and meter installation shall be inspected by the city after work has been completed to ensure that specifications have been met. (4) Apartments are billed as a residence. (g) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicated a different meaning: Domestic water line means metered at the property line. Dual service means separate fire and domestic water lines. 20 Ordinance 2019-13 Chapter 102 - Utilities Fire service means permitted on unmetered lines with a backflow preventer installed near the customer's building, to be maintained by the customer. The customer is to be billed for monthly service. Sections 102-57 Commercial car wash requirements The purpose of this section is to reduce water consumption from commercial car wash facilities by requiring all new conveyor car washes to install operational recycled water systems. (a) Definitions. The following words and phrases, whenever used in this division have the meaning defined in this section: In -bay automatic car wash means a commercial car wash where the driver pulls into the bay and parks the car. The vehicle remains stationary while a machine moves back and forth over the vehicle to clean it, instead of the vehicle moving through the tunnel. Conveyor car wash means a commercial car wash where the car moves on a conveyor belt during the wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle. Recycled water system means a water system that captures and reuses water previously used in wash or rinse cycles. Self-service car wash means,,a Commercial car wash where the customers wash their cars themselves with spray wands and brushes. (b) Applicability, I1A, ; (1) This section applies to all new conveyor car washes permitted and constructed after January 1, 2019;'re�;ardless'of the water source. (2) The provisions of this section do not apply to commercial conveyor car washes that were permitted or constructed before January 1, 2019. (3) The provisions of this section do not apply to self-service car washes or in -bay car washes. (c) Commercial car wash water recycling requirement. All new commercial conveyor car washes permitted and constructed after January 1, 2011, must install and maintain operational recycled water systems. A minimum of 50 percent of water utilized shall be recycled. 21 Ordinance 2019-13 Chapter 102 - Utilities It is the intention of the Mayor and Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish such intention. The above Ordinance was read and approved by the Mayor and Council of the City of Smyrna, Georgia, on the 17t" day of June 2019. Attest: Terri Graham, City Clerk i A. Max Bacon, Mayor SEAL OFFICIAL SEAL As to form: GE-0 I Scott Cochran, City Attorney 22