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05-06-2002 Regular MeetingMay 6.2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were Interim City Administrator Chris Corey, Deputy City Clerk Lee Miller, City Attorney Scott Cochran and representatives of the press. Invocation was given by Dr. Steven Kimmel of 1" Baptist Church of Smyrna, followed by the pledge to the flag. CITIZENS INPUT/SPECIAL RECOGNITION: Mayor Bacon recognized Mr. Brandon Lewis, Student Council President at Campbell High School (CMS), and stated that Mr. Lewis will be Honorary Mayor for the evening. Mayor Bacon recognized Dr. Thomas Dolirmann of CHS, who discussed the current theme words and introduced CHS teacher sponsors and student government representatives. Mayor Bacon recognized Ms. Jeanette Gall, who introduced several students from Griffin Middle School who sang a tune from Guvs and Dolls for tite audience. Mayor Bacon recognized Senator Phil Gingrey, who discussed the upcoming election and gave the audience some details of his background and experience. Mayor Bacon recognized Mrs. Patty Bacon, who introduced members of the Senior Citizens Advisory Council, and thanked them for their contribution to the community. Council Member Pritchett read a Proclamation signed by Mayor Bacon declaring May, 2002 as "Older Americans Month." Mayor Bacon recognized Ms. Joyce Schechter, a realtor, and Mr. Allan Khaliffe, a huilder, who discussed some houses on Church Road that are being built and are available for sale. Council Member Cramer stated he has seen some of the houses and commented favorably on their overall quality. Ms. Schechter stated that some brochures about the houses will he made available for persons seeking more details. Mayor Bacon recognized Mr. Gary Osborne, who expressed dissatisfaction with service from Charter Cable and discussed franchise agreements and other points with several Council Members. Mr. Osborne also stated he would like to see a sidewalk built on Concord Road with no increase in taxes. Mayor Bacon recognized Mr. Floyd Millis, who stated that Charier Cable planned to televise Council meetings on channel 19, but that there has been inconsistency with the channels used for these broadcasts. PUBLIC HEARINGS: (A) Variance Request — Increase in Fence Height — Suzanne Lindsey — 926 Dell Avenue Mr. Corey stated the subject property contains a single-family residence at the southeast corner of Dell and McLinden Avenues, is zoned R-15, and that the applicant is proposing to replace an existing chain -link fence with a new fence which will be 6' in height. Mr. Corey stated that Section 501.10 of the Smyrna Zoning Code limits the height of fences in front and street side yard setbacks to 4' and that the applicant has requested a variance to permit a wood fence with a height of 6' in the street side yard setback. Mayor Bacon stated this is a public hearing and asked for public comment, and several persons came forward and were administered the oath by Mr. Cochran. Council Member Hawkins recognized Ms. Suzanne Lindsey, and asked her to summarize the need for the variance. Ms. Lindsey stated she had safety concerns about her pets in her yard and that the height of the existing fence is inadequate to protect both passers-by and the pets. Ms. Lindsey also stated that her residence is on a corner lot and that a higher fence is needed for privacy. Mayor Bacon recognized Mr. Venson Abercrombie, 830 McLinden Avenue, who expressed concern that the higher fence will obstnict his field of view. Mr. Abercrombie showed those officials present some photographs he made of the affected area. Mr. Abercrombie asked if a permit is required for a fence and Mayor Bacon answered in the affirmative. Mr. Abercrombie asked if a survey is required to erect a fence and Council Member Pritchett advised that, if the overall placement of the fence does not change, then no survey is needed. Mr. Abercrombie stated he is opposed to approval of the variance because of the added height of the fence. Mayor Bacon recognized Ms. Karen Miller, who stated she resides with the applicant and shares her concern for the safety of pets in the yard at the subject location. Mayor Bacon recognized Ms. Talani Casariego, 931 McLinden Avenue, who stated she has observed some of the conditions about which the applicant has expressed concern. Ms. Casariego stated that there is a lot of pedestrian traffic in the area, including bus passengers from a nearby bus stop. May 6, 2002 2 Mayor Bacon recognized Ms. Hazel Leatherwood, 861 McLinden Avenue, who expressed support for approval of the variance because of safety considerations and the visual appeal she believes the fence will provide. Council Member Hawkins stated that neighborhood variances are often complicated because it is difficult to make everyone happy, and expressed concern that the fence contractor did not apply for necessary permits before attempting to install the fence. Council Member Hawkins made a motion to approve a variance to allow a fence 6' in height for 926 Dell Avenue, based on hardship need and staff recommendation, with the stipulation that the City Engineer be consulted about where the fence will be placed. The motion was seconded by Council Member Scoggins. Motion was approved 6 — I, with Council Member Lnenicka casting the opposing vote. (B) Rezoning Request - .34 Acre Tract from R-15 (SF Residential) to GC (General Commercial) — Keith Akhlagi — 2969 Jonquil Drive Mr. Corey stated the applicant is proposing to rezone a .34 acre tract of land in Land Lot 631 from R-15 to GC and that the parcel is located on Jonquil Drive adjacent to the applicant's automotive repair center. Mr. Corey stated the development proposal provides for the construction of a 3,360 square foot addition to the automotive repair center and that the proposed site plan also provides an 8' privacy fence and 10' landscape buffer between the subject parcel and the residential property to the south. Mr. Corey stated the proposed site plan also includes a 10' wide landscape strip along Jonquil Drive with a privacy fence. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins reported that he and Council Member Wood had made an inspection of the site recently and commended Mr. Akhlagi on the overall good order and appearance of the premises. Council Member Scoggins asked Mr. Akhlagi if he restores Mercedes type vehicles and Mr. Akhlagi answered in the affirmative. Council Member Scoggins asked for all overview of the applicant's plans and Mr. David Chiodo, the applicant's attorney, stated Mr. Akhlagi's planned construction will increase his business space by about 50%. Council Member Scoggins stated that he had seen no signs indicating automotive repair service on the premises and asked Mr. Akhlagi if his business is restoration only and Mr. Aklagi answered yes. Council Member Scoggins stated that placing business and residential property in close proximity is often difficult, and read the following excerpt from the staff continents on the application: While there are existii'ig residences in the area, Jonquil Drive is currently under- going a transition from residential to commercial uses. The proposed zoning would be compatible with the properties to the north and west. Additionally, it would also be compatible with the properties south of Corn Road detailed above which are zoned LI (Light Industrial). Council Member Scoggins read the zoning stipulations recommended by staff: • Requirement of an 8' high privacy wall (either masonry or wood) along the south property line within the required 10' buffer. This landscaped buffer shall include grou»dcovcr and one tree per every 20' as detailed on the site plan provided with the application. • Installation of an 8' high privacy wall/fence (either masonry or wrought iron) along Jonquil Drive within a 10' landscape buffer with groundcover and one tree per every 20' as detailed on the site plan attached with the application. • Requirement that the building addition utilize either block or brick on outside elevations. • Elimination of the second proposed driveway on Jonquil Drive. • Prohibition against parking cars along Jonquil Drive except in the 3 spaces designated on the site plan. • Requirement that all automotive -related work be conducted solely within the building and that no outside storage be permitted. Council Member Newcomb asked the applicant if there will be an 8' privacy fence between the business and the residence next door and Mr. Akhlagi said yes. Mayor Bacon asked the applicant if the existing structure will be demolished and Mr. Akhlagi answered in the affirmative. Council Member Scoggins asked Mr. Akhlagi if the premises will have tine appearance of a used car lot and Mr. Akhlagi said no. Council Member Lnenicka stated the subject area does appear to be in a state of transition and that a more comprehensive plan for this section of the City is needed instead of a piecemeal approach. Council Member Lnenicka expressed the view that there does not seem to be a good channel there which trucks and other traffic can use to move through the area, and that the present infrastructure there may not be adequate for the type of use that seems to be evolving. May 6. 2002 Council Member Scoggins made a motion to -approve a rezoning request for a .34 acre tract from R-15 to General Commercial for 2969 Jonquil Drive, and the motion was seconded by Council Member Cramer. Motion was approved 7 — 0. (C) Land Use Change Request — Low Density Residential to Neighborhood Activity Center — Keith Akhlagi — 2969 Jonquil Drive Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins made a motion to approve a land use change from Low Density Residential to Neighborhood Activity Center for 2969 Jonquil Drive, and the motion was seconded by Council Member Cramer. Council Member Newcomb stated that a review of the staff analysis of this application disclosed that Commercial Activity Center was also used to describe the proposed land use change and that some confusion seems to exist. Council Member Lnenicka stated that staff should be consulted regarding the different designations. Motion was approved 7 — 0. (D) Privileged License Request — Taxi Service - Amigo Taxi Cobb — 1996 Manchester Street (Atlanta) —New Application Mr. Corey stated that Amigo Taxi Cobb has submitted an application to operate a taxi cab company in the City of Smyrna, and that Rosa Elena Ceballos will be the owner and agent for this establishment which is located at 1996 Manchester Street, Atlanta, Georgia 30324. Mr. Corey stated that Ms. Ceballos has been given a copy of the Vehicles for Hire Ordinance, that the Business License Officer has reviewed the guidelines with her, and that she has indicated she will follow the City's ordinances if she is granted the license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood asked Ms. Ceballos if her taxi service is operating in the City now, and Ms. Ceballos said no, but that there are plans for Amigo Taxi Cobb (ATC) to do business in the City. Council Member Wood asked Ms. Ceballos if ATC presently has an office in the City, and Ms. Ceballos said no, but that there plans to open an ATC office in the City soon. Council Member Wood stated that the Vehicles for Hire Ordinance requires the address of an office in the City. Council Member Wood asked Ms. Ceballos where ATC vehicles stage between fares, and Ms. Ceballos said the vehicles wait in shopping center lots and similar locations in Marietta when waiting to be dispatched. Council Member Wood asked Ms. Ceballos if ATC drivers have permission from property owners to park in these locations, and Ms. Ceballos answered in the affirmative. Council Member Wood asked Ms. Ceballos if she is aware that ATC drivers will be required to have identification cards issued by the Smyrna Police Department (SPD), and Ms. Ceballos answered in the affirmative. Council Member Lnenicka asked Ms. Ceballos if approval of the license could be postponed until an ATC office has opened in the City. Council Member Hawkins expressed reservations about requiring a business entity to commit to the procurement of office space with no privileged license approved. Mayor Bacon asked Mr. Cochran for an opinion regarding what is required to comply with the Vehicles for Hire Ordinance, and Mr. Cochran stated that ATC, and other taxi services, must have a full-time employee in a managerial capacity who resides in the City as a contact person. Ms. Ceballos stated that the son of one of her drivers lives in the City and is a frill -time employee of ATC in a managerial capacity. Council Member Wood asked Mr. Cochran if the individual described by Ms. Ceballos fulfills the ordinance requirements and Mr. Cochran answered yes. Council Member Wood stated the investigation conducted by SPD disclosed no information that would preclude issuance of a privileged license for a taxi service. Council Member Wood made a motion to approve a privileged license for a taxi service for Amigo Taxi Cobb, with the approval subject to compliance with Section 5, page CD 110.5 of the Smyrna Code of Ordinances, which requires that the applicant provide the name, address and telephone number of a responsible individual who is a frill -time employee in a management position of the applicant residing in the City of Smyrna who will be the registered agent for the purpose of serving of process. The motion was seconded by Council Member Lnenicka. Mayor Bacon asked Ms. Ceballos to make certain -the vehicles used by ATC are clean and safe. Motion was approved 7 — 0. (E) Privileged License Request — Taxi Service — International Taxi — 765-B Windy [fill Road - New Application Mr. Corey stated International Taxi (1T) has submitted an application for a license to operate a taxi cab company as set forth in the Vehicles for Hire Ordinance, and that Monica Ballen will be the owner and agent for this establishment located at 765-B Windy Hill Road. Mr. Corey stated that Ms. Ballen has been given a copy of the Vehicles for Hire Ordinance, the Business License Officer has gone over the guidelines with her, and that Ms. Ballen has indicated she will follow the City's Ordinances if she is granted the license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer asked Ms. Ballen if the office of 1T is on Windy Hill Road, and, with the, assistance of her translator, Ms. Ballen answered in tlue affirmative. Council Member Cramer asked Ms. Ballen if it is correct that she is not a U.S. citizen, and Ms. Ballen answered in the affirmative. Council Member Cramer asked Ms. Ballen if she has a work visa or green card, and Ms. Ballen stated she has a work permit. Council Member Cramer asked Ms. Ballen if 1T taxis are dispatched in Smyrna and if May 6. 2002 _ 4 the dispatch service is bilingual, and Ms. Ballen answered yes. Council Member Cramer asked Ms. Ballen if vehicle service and repairs would be done at the IT business location, and Ms. Ballen said no. Council Member Cramer stated the investigation conducted by Smyrna Police Department disclosed no information that would preclude issuance of a privileged license for a taxi service. Ms. Ballen's translator identified himself as Fernando Rivas, and Mr. Rivas staled he is the dispatcher/manager at the IT office and that he would be on the premises during 11VU1's of operation. Council Member Cramer made a motion to approve a privileged license for a taxi service for International Taxi, located at 765-B Windy I fill Road, and the motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. Mayor Bacon turned the proceedings over to Honorary Mayor Lewis. FORMAL BUSINESS: (A) Appointment of Members to Downtown Development Authority (DDA) Mr. Corey stated the currently serving members of DDA have expressed an interest in reappointment. Council Member Hawkins identified the current DDA members as Hubert Black, C.J. Fouts, Jim Pitts, Melinda Dameron, Eric Cash, Doug Stoner and Larry Freeman, and made a motion that they be reappointed for another term. Council Member Scoggins seconded the motion. Motion was approved 6 — 0, with Council Member Cramer abstaining. (B) Appointment of Cobb County Board of Elections (CCBE) as Superintendent to Conduct the Special Election for Homestead Exemption Mr. Corey stated that on April 24, 2002, Melinda Dameron contacted Beth Kish at CCBE about conducting a voting on homestead exemption, and that Ms. Kish advised the City will need to formally appoint CCBE as the superintendent for the special voting. Mr. Corey stated that CCBE, if appointed as superintendent, will handle publication ofthe call for the election. Council Member Wood stated that the General Assembly has approved legislation for it referendum for homestead exemption and that an approved voting time of August 20, 2002 will be the probable dale of the voting. Council Member Wood made a motion to appoint Cobb County Board of Elections as the superintendent for the special election for homestead exemption for the City of Smyrna, and the motion was seconded by Council Member Pritchett. Motion was approved 6 — 0, with Council Member Cramer abstaining. (C) Approval of Changes to Code of Ordinances Chapter Id, Section 14-6 Cruelty to Animals Mr. Corey staled that addition of a provision requiring dog leashes to be at least six feet in length has been recommended, and Mr. Corey called upon Mr. Cochran for further explanation. Mr. Cochran stated that two provisions of State law should be added, and that some exceptions be specified for animals used for food. Mr. Cochran stated the provision for leashes for restrained dogs to be at least six feet in length was recommended by City police personnel. Mr. Cochran provided a summary of proposed changes to be attached to the minutes A motion was made by Council Men►bcr Scoggins to approve the proposed changes to Section 14-6 of the Smyrna Code of Ordinances (Cruelty to Animals), and the motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. (D) Approval of Changes to Code of Ordinances Chapter 14, Sections 14-42 (Vicious Dogs) and 14-43 (Barking/Nuisance Dogs) Mr. Corey stated the addition of a provision authorizing the City to remove offending animals from the city limits is recommended, and Mr. Corey called upon Mr. Cochran for further explanation. Mr. Cochran stated the proposed change would give a judge authority to banish animals from the City, if necessary, for the abatement of nuisances or other problems. Council Member Scoggins made a motion to approve the proposed changes to Sections 14-42 and 1443 of the Smyrna Code of Ordinances, and the motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. (E) Approval of Public Works Request to Transfer Funds from Excess CIP/Operating Account to Fund Bid Purchase Mr. Corey stated Public Works requests to transfer funds from excess CIP and small equipment operating account to fund this purchase, and that under -funding of bid #2-015 for a sewer crawler camera has made a budget transfer necessary to fund this piece of equipment. Mr. Corey stated that Public Works requests to transfer $30,100 in excess CIP funds and $16,084 from account # 53.1600 (small equipment) to fund this purchase, and that the Finance Department has indicated this is an acceptable method to fund the purchase. Council Member Cramer made a motion to approve a Public Works request to transfer funds from excess CIP/Operating Account to fund a bid purchase, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. May 6. 2002 (F) Announcement of Selection of City Administrator Mr. Corey stated that Wayne Wright of Powder Springs has formally accepted the position of City Administrator for the City of Smyrna. Mr. Corey stated that Mr. Wright has served as the City Manager for the City of Powder Springs since July, 1993 and was also the City Administrator for Garden City, Georgia from October 1987 to July 1993. Mr. Corey stated that Mr. Wright holds a Master of Public Administration from the University of North Carolina at Chapel Hill, and a Bachelor of Science in Urban Government from Georgia State University. Council Member Wood stated that, pending normal hiring procedures, Mr. Wright will be appointed at a subsequent Council meeting. (G) Approval of Request to Use Current Unit Pricing for Replacement of 1700' of Water Main in the Vicinity ofNorthview Place Mr. Corey stated that the Public Works division of water and sewer requests to replace approximately 1700' of water main, and that Nortltview Place is currently experiencing water quality problems because of the age of the main and because of a dend,end in the system. Council Member Cramer made a motion to approve use of current unit pricing for replacement of 1700' of water main in the vicinity of Nortliview Place, and the motion was seconded by Council Member Hawkins. Motion was approved 7 — 0. (H) Approval of 2002 Community Development Block Grant (CDBG) Award Mr. Corey stated that the Cobb County Board of Commissioners awarded the 2002 CDBG to the City of Smyrna, and that the City of Smyrna has been involved in and awarded the CINIG funds ('or several years. Council Member Wood made a motion to approve authorization of the Mayor to sign the Subrecipient Agreement and approve the agreement for the grant, and the motion was seconded by Council Member Cramer. Motion was approved 7 — 0. *Council Member Wood made a motion to suspend the rules to add an item to the agenda under the category of Formal Business captioned as item 41, Validation of Application 1'or Annexation of Property in Land Lot 477, and the motion was seconded by Council Member Lnenicka. Motion was approved 7-0. .*(I) Validation of Application for Annexation of Property in Land Lot 477, 17"' District, 2"d Section, Cobb County, Georgia LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 477 of the 17'h District, 2"d Section of Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin located at the intersection of the northerly land lot line of Land Lot 477 and the westerly right of way line of King Springs Road (King Springs being a variable width right of way); thence run southerly, along the westerly right of way line of King Springs Road distance of 20.06 feet to a''/2 inch rebar; thence ntn North 83 degrees 56 minutes 45 seconds West a distance of 357.96 feet to an iron pin; thence run North 06 degrees 26 minutes 15 seconds East a distance of 20.06 to the northerly land lot line of Land Lot 477; thence run South 83 degrees 56 minutes 45 seconds East along said land lot line a distance of 357.96 feet to an iron pin on the westerly right of way of King Springs Road and the point of beginning. Said property containing .165 acres more or less. ALSO All that tract or parcel of land lying and being in Land Lot 477 of the 17'h District, 2"d Section of Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin located at the northerly right of way of Cooper Lake Road (Cooper Lake Road having a right of way of 70 feet) and the western land lot line of Land Lot 477; thence run North 06 degrees 24 minutes 05 seconds East along said westerly land lot line a distance of 10.1 1 feet to an iron pin; thence run North 86 degrees 14 minutes 20 seconds east a distance of 153.94 feet to point thence easterly along a curve to left having a radius of 459.39 feet a distance of 142.88 feet to a point, said curve being subtended by a cord being of North 77 degrees 21 minutes 43 seconds East having a cord length of 142.31 feet; thence South 27 degrees 25 minutes 32 seconds East a distance of 10.05 feet to an iron pin located on the northerly right of way of Cooper lake Road; thence in a westerly direction along said northerly right of way a distance of 302.74 feet to said western land lot line of Land Lot 477 and the point of beginning. Said tract containing .069 acres more or less. ALSO May 6. 2002 All that tract or parcel of land lying and being in Laud Lot 477 of the 17`11 District, 2" `► Section of Cobb County, Georgia, according to plat of survey by "thomas M. Ginn, Sr., Registered Land Surveyor, dated March 25, 1968, and being more particularly described as follows: Beginning at an iron pin located on the northwesterly right of way line of Cooper Lake Road 465.2 feet easterly and northeasterly as measured along the northerly and northwesterly right of way line of Cooper Lake Road from the point of intersectiun of the northerly right of way line of Cooper Lake Road with the easterly right of way line of King Valley Road; running thence North 52 degrees 30 minutes 00 seconds East a distance of 230 feet to an iron pill located on the northwesterly right of way line of Cooper Lake Road; running thence North 27 degrees 12 minutes 45 seconds West a distance of 275 feet to an iron pin; running thence South 59 degrees 50 minutes 30 seconds West a distance of 230 feet to an iron pin; running thence South 27 degrees 28 minutes 29 seconds East a distance of 284.83 feet to an iron pin located on the northwesterly right of way line of Cooper Lake Road, said iron pin being located at the point of the beginning. Said tract containing 1.49 acres more or less. Council Member Wood made a motion to validate the petition for annexation of 1.724 acres, Land Lot 477, 17`h District, 2" `► Section, Cobb County, Georgia with a public hearing set for June 3, 2002. The motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0. *Council Member Newcomb made a motion to suspend the rules to add an item to the agenda under the category of Formal Business as item 4J, Appointment of Member to Senior Citizens Advisory Council, and the motion was seconded by Council Member Cramer. Motion was approved 7 — 0. T) Appointment of Member to Senior Citizens Advisory Council Council Member Newcomb made a motion to appoint Jan Martin to the Senior Citizens Advisory Council, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Award of Bid 2-015 for Purchase of a Sewer System Camera Mr. Corey stated that bids were requested from eight vendors to provide camera equipment, a new truck body for the equipment and installation and training, and that of the eight vendors contacted, the four which responded were Aries Industries, Inc., Cues, Cobra Technologies and Adams Equipment Co., Inc. Mr. Corey stated that of the four responding vendors, only one, Adams Equipment Co., met the bid specifications. Mr. Corey stated that all vendors were given a demonstration opportunity and the system from Adams Equipment Co. performed the best, and that it should be noted that Cobb County and Marietta use the Adams equipment. Mr. Corey stated that both Public Works and Purchasing recommend awarding the bid to Adams Equipment Co., Inc. for a Pearpoint camera system. Council Member Cramer made a motion to award the bid for a sewer system camera to Adams Equipment Co., Inc for $126,184, and the motion was seconded by Council Member Newcomb. Motion was approved 7 — 0. (B) Award of Bid 2-020 for Replacement of Approximately 800 Ll- of Sewer Main at Mackinaw Place Outfall Sewer Mr. Corey stated that Public Works requested bids for the replacement of approximately 800 LF of sewer main and that six vendors were solicited for bids with four vendors responding. Mr. Corey stated that Public Works and Purchasing have reviewed these bids and recommend award of the bid to Instuform "technologies. Council Member Cramer made a motion to approve award of the bid for replacement of approximately 800 LF of sewer main at Mackinaw Place Outfall Sewer in the amount of $65,000 and the motion was seconded by Council Member Lnenicka. Council Member Newcomb asked if the bid from Instuform was the low bid, and Mr. Corey answered in the affirmative. Motion was approved 7 — 0. (C) Award of Bid 2-021 for Replacement of 2970' of Sewer Main from Village Parkway to Bates Street Mr. Corey stated that Public Works requested bids for the replacement of 2970 feet of sewer main from Village Parkway to Bates Street, and that six vendors were solicited for bids with four vendors respond-, ing. Mr. Corey stated that Public Works and Purchasing have reviewed these bids and award of the bid„ to K.M. Davis Contracting is recommended. Council Member Cramer made a motion to award the bid for replacement of 2970 feet of sewer main . from Village Parkway to Bates Street to K.M. Davis Contracting in the amount of $214,129.06, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. May 6, 2002 (D) Award of Bid 2-022 for Replacement of 2040 LF of Sewer Main from Wills Street to Collier Drive Mr. Corey stated that six vendors were solicited for bids and two responded, and that Public Works and Purchasing have reviewed these bids and recommend award of the bid to D and H Construction. Council Member Cramer made a motion to approve award of Bid 2-022 to D and H Construction in the amount of$109,546 and the motion was seconded by Council Member Hawkins. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of Name Change for Cameron Woodlands Apartments (B) Request for Bids to Replace I IVAC System at the Police Station (C) Request for Bids for GPS Equipment for the Public Works Department (D) Request for Bids for Street Sweeping for the Public Works Department (E) Approval for Installation of Stop Sign at Stephens Street and La Vista Place (F) Approval of Transfer of CDBG Funds from the 2002 Senior Van to Chuck Camp Park Council Member Hawkins made a motion to approve the Consent Agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 — 0. APPROVAL, OF MINUTES: (A) April 15, 2002 Minutes Council Member Hawkins made a motion to approve the April 15, 2002 minutes, and the motion was seconded by Council Member Cramer. Motion was approved 6 — 0, with Council Member Lnenicka abstaining. COMMITTEE REPORTS: Council Member Newcomb stated he was glad to see the various appurtenances in place at the Linear Park near Spring Road, and reiterated his concern about service issues at the cable service purveyor. Council Member Hawkins stated lie also is concerned about cable service issues, and that he wanted to clarify the point that the City has no monopoly on cable service. Council Member Cramer stated that he hopes the dedication ceremony for the Veterans Memorial will be during the second weekend of October, and that the Great American Cleanup is planned for the next Saturday in Ward 5. Council Member Lnenicka stated he attended a homeowners meeting for Vinings Glen Phases 3, 4 and 5 which was interesting, and that he wished to commend City staff and elected officials for their work in connection with the site visit from representatives of Goodlettsville, Tennessee. Council Member Lnenicka stated that the City had a mobile workshop at the last National League of Cities convention in Atlanta to demonstrate ideas about downtown redevelopment, and the city manager from Goodlettsville was impressed by what he saw and the site visits from that city resulted from this initial contact. Council Member Lnenicka stated that it should be known that other cities are keenly interested in learning more about the City of Smyrna's progressive direction, and that this interest indicates that the City is on the right track. Council Member Lnenicka reminded those present of the Village Green concert scheduled for this Saturday. Council Member Wood commented favorably on the overall success of the comprehensive tour of various City departments by the Goodlettsville contingent, and discussed the final work being done on the 2003 budget, including ad-jusunents based on revenue estimates. Council Member Wood stated that Finance Department personnel and other City staff have worked hard to provide pertinent data in a timely manner, and that he hopes the process will be finished in early .tune. CITIZENS INPUT: Honorary Mayor Lewis recognized Mr. Floyd Millis, who expressed the view that the print size used on the agenda should he larger. Honorary Mayor Lewis recognized Mr. Phillip Goodman, a resident of Angla Drive, who asked if there are any plans to put all electric power lines and related appurtenances underground. Council Member Hawkins stated that new installations are mainly below ground, but that converting existing lines to underground installations would be prohibitively expensive, and thus not feasible for the City to undertake. Mr. Goodman asked what plans, if any, the City has for Belmont Hills Shopping Plaza, and Council Member Hawkins stated that it is private property, and the City cannot use taxpayers' funds on private property. Council Member Flawkins stated that City officials have been working with the property owners and discussing some possibilities, including an office park, but that there are no definite plans in place at this time. 7 May 6, 2002 ADJOURNMENT: With no further business, the meeting was adjourned at 9:35 p.m. A. MAX BACON, MAYOR BILL SCOGGINS, WARD 3 JACK CRAME Z, WARD 5 ICJ Cl IARLES PI I'E WO0l , WART) 7 LEE MILLER, DEPUTY CITY CLERK RON NEWCOMB, WARD 2 AMES M. HAWKINS, WARD, A14NUNIKA., WADE S. L r ORDINANCE No. 2002- 8 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 14-6 OF SAID CODE, PROVIDING THAT DEFINITION OF ANIMAL CRUELTY VIOLATION AND MINIMUM LENGTH OF ANIMAL LEASHES BE INCLUDED. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 14-6 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall read as follows: 14-6 (a) "A person is in violation of this chapter when his or her act, omission, or neglect causes unjustifiable physical pain, suffering or death to any living animal." 14-6 (g) "This Code Section does not apply to killing of animals for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the applicable game and fish laws or to the killing or injuring of an animal for humane purposes or in furtherance of medical or scientific research. 14-6 (c) {to be modified by adding the following sentence1: "Additionally, any chain, leash or tie restraining an animal shall be not less than six feet in length and attached in such a manner so as to contain the dog within the bounds of the premises of the owner or keeper of the animal." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically decalred to be invalid or unconstitutional. ORDINANCE No. 2002- 8 Approved by Mayor and Council this 6th day of May, 2002. Attest: 7& Susan D. Hiott, City Clerk City of Smyrna Approved as to form: Scott A. Cochran, City Attorney City of Smyrna A. Max Bacon, Mayor V ORDINANCE No. 2002-9 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 14-42 and 14-43 OF SAID CODE, PROVIDING THAT THE MUNICIPAL COURT JUDGE MAY BANISH OFFENDING ANIMALS FROM THE CITY LIMITS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections 14-42 and 14-43 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall read as follows: The following sentence is added to Section 14-42 (i): "All violations of this section shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner or keeper's expense." Section 14-43 (b) to be modified by removal of the last sentence and insertion of the following: "Therefore, the owner or keeper thereof shall be cited into the Municipal Court to answer the charge made by the Affidavits. Upon conviction, the owner or keeper of such canine shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner's or keeper's expense." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically decalred to be invalid or unconstitutional. ORDINANCE No. 2002-9 Approved by Mayor and Council this 6th day of May, 2002. A. Max Bacon, Mayor Attest: j, , , " � L). Y: nl'�' Susan D. Hiott, City Clerk City of Smyrna Approved as to form: Scot A. Cochran, City Attorney City of Smyrna 2 A) Modifications to Sec. 14-6 1.) Add Sections as follows: 14-6 (a): "A person is in violation of this chapter when his or her act, omission, or neglect causes unjustifiable physical pain, suffering or death to any living animal." 14-6 (g): "This Code Section does not apply to killing of animals raised for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the applicable game and fish laws or to the killing or injuring of an animal for humane purposes or in furtherance of medical or scientific research." 2.) . Modify 14-6 (c) by adding the following sentence: "Additionally, any chain, leash or tie restraining an animal shall be not less than six feet in length and attached in such a manner so as to contain the dog within the bounds of the premises of the owner or keeper of the animal." 3.) Change the ordinance numbering as follows: 14-6 (a) = 14-6 (b) 14-6 (b) = 14-6 (c) 14-6 (c) = 14-6 (d) 14-6 (d) = 14-6 (e) 14-6 (e) = 14-6 (f) 14-6 (f) = 14-6 (h) B.) Modification of Sec. 14-42 1.) Add the following sentence to Section 14-42 (i): "All violations of this Section shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner or keeper's expense." C.) Modification of Sec. 14-43 1.) Remove the last sentence of Section 14-43 (b) and insert the following: f "Therefore, the owner or keeper thereof shall be cited into the Municipal Court to answer the charge made by the Affidavits. Upon conviction, the owner or keeper of such canine shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner or keeper's expense."