01202004 January 20, 2004 Council Meeting
January 20, 2004
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was
called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members
were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City
Attorney Scott Cochran, Fire Chief Larry Williams, Police Chief Stan Hook, Library Director Michael
Seigler, Parks and Recreation Director Steve Ciaccio, Public Works Director Scott Stokes, Keep
Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken
Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer
Bennett, and representatives of the press.
Invocation was given by Reverend Lee Delbridge from Smyrna Christian Church, followed by the
pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that agenda item #5F (Public Hearing - Variance Requests V03-039 through V03-
044 - Increase in Height for Free-Standing Sign [2]; Increase in Sign Area for Free-Standing Sign [2];
Approval of Use of Pole Sign in place of Monument Sign [2]; Approval of Additional Free-Standing
Sign - 2750 Cobb Parkway - Nalley Lexus) will be withdrawn. Council Member Pritchett read to those
present the letter from the applicant requesting withdrawal of the variance application.
CITIZENS INPUT:
...
Mayor Bacon recognized Ms. Linda Evans, representing the Friends of the Smyrna Library, and Ms.
Evans introduced Ms. Laura McCarty from the Georgia Humanities Council to those present. Ms.
McCarty presented a check for grant funds to the Friends of the Smyrna Library, and explained the
money will be used to help fund a mystery fiction program. Ms. Evans expressed appreciation to
Mayor Bacon and the Council Members for allowing them to have this presentation at this meeting,
and provided details of the program to be funded to those present.
Mayor Bacon recognized Mr. Curt Johnston, and Mr. Johnston introduced some of the faculty members
and students from Belmont Hills Elementary School to those present. The students made a presentation
of this month's character education words to those present.
Mayor Bacon recognized Capt. David Farmer from the City police department, and Capt. Farmer
provided to those present details of a Christmas benefit program in which he is active. Mayor Bacon
commented favorably on the efforts of the associates of the S. P. Richards Company to provide
assistance to the less fortunate members of the community during the holiday season, and expressed
appreciation to Capt. Farmer and the other participants for their efforts.
Mayor Bacon recognized Ms. Sam Sammon, and Ms. Sammon expressed views regarding development
and construction in the City to those present. Ms. Sammon provided details of some perceived
deficiencies in the community which she believes need to be addressed.
Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed appreciation to Mr.
Hildebrandt and the City's elected officials for installation of certain signs in the area of East-West
Connector, South Cobb Drive and Cumberland Parkway.
MAYOR'S REPORT:
...
Mayor Bacon stated the Rich's-Macy's store at Cobb Center will be closing soon. Mayor Bacon stated
efforts will be made to find another business to replace Rich's-Macy's at Cobb Center.
January 20, 2004
LAND ISSUES/ZONINGS/ ANNEXATIONS:
(A) Land Lots 62, 63, 170, 176, 177, Oakdale Road near Dickerson Road - The Columns Group
1. Public Hearing - Rezoning Request Z03-028 - Cobb County Heavy Industrial (HI), Light
Industrial (LI), RA-5 (Multi-Family) and R-20 (SFR) to City of Smyrna RAD Conditional -
Land Lots 62,63, 170, 176, 177, Oakdale Road near Dickerson Road - The Columns Group
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
Council Member Wood recognized Mr. Garvis Sams, an attorney representing the applicant and
property owners, and Mr. Sams introduced Messrs. Curtis Hicks and Bryan Flint from The Columns
Group (CG) and property owners Messrs. Jimmy Freeman and Larry Freeman to those present. Mr.
Sams stated Mr. Dave Miller, from Nova Engineering (NE), and Mr. Lamarr Scotti are present to
answer questions regarding the landfill located on part ofthe subject property. Mr. Sams stated Mr. Ken
Wood from Planners and Engineers Collaborative is also present to answer any questions of a technical
nature regarding the proposed project. Mr. Sams asked a group of local residents in the audience
supporting the proposed annexation and rezoning to stand up and be recognized. Mr. Sams stated the
proposed overall density of the planned development is 4.5 units per acre, which is less than the
maximum density for development indicated for the subject tract on Cobb County's Future Land Use
Map. Mr. Sams stated that Cobb County has interposed no objections to this proposed annexation and
development. Mr. Sams stated CG proposes to construct 245 townhouses 95 detached, single-family
residences on the subject tract. Mr. Sams stated a 13.4 acre tract located between the two residential
components has beens earmarked for conveyance to the City for use as a public park. Mr. Sams stated
that City staffhas recommended that the 13.4 acres proposed for public use be owned by the mandatory
homeowners association (HOA), and that CG agree to construct the amenities in the park. Mr. Sams
stated it is further proposed that the HOA will lease the park property to the City gratis for public use,
and that the City will maintain the option of being able to have title to the 13.4 acres voluntarily
conveyed to the City when 90% of the certificates of occupancy for the proposed dwellings have been
issued. Mr. Sams stated the applicant is agreeable to this proposal recommended by City staff. Mr.
Sams stated this proposed development will afford the City with an opportunity to acquire additional
park facilities. Mr. Sams stated the developer will comply with the Atlanta Regional Commission's
requirements with respect to the Metropolitan River Protection Act. Mr. Sams introduced Mr. Ron
Broadnax, president of the Vinings Plantation (VP) homeowners association, to those present, and
issued the oath to Mr. Broadnax. Mr. Broadnax stated the VP-HOA is neutral in this matter. Mr.
Broadnax stated that CG representatives made a presentation concerning the proposed development at a
recent meeting of the VP-HOA. Mr. Broadnax stated the residents ofVP have had numerous concerns
regarding the landfill located on the subject tract, and that these concerns have been directed previously
to Commissioner Woody Thompson. Mr. Broadnax stated that the dumping of debris on the landfill
property has caused the residents ofVP some concern about the appearance of the area. Mr. Broadnax
provided numerous reasons to those present which he believes support the proposed development, and
stated that the members of all 84 households in the VP community are in favor of the proposed
development. Mr. Broadnax stated that the proposed park would be beneficial to the community. Mr.
Broadnax stated it is the belief of the residents ofVP that this proposed development would be
beneficial to both the surrounding community and to the City as a whole. Council Member Newcomb
asked Mr. Broadnax if the residents ofVP are concerned about the number oftownhouses proposed for
the planned project. Mr. Broadnax stated that some residents ofVP were initially concerned about
traffic that could possibly be generated by the new homes, but that after reviewing the CG plan, the VP
residents have concluded that traffic problems will probably not result from the proposed development.
January 20. 2004
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Council Member Wood recognized Mr. Chris Miller, and asked Mr. Miller to provide details of staff
recommendations for the proposed development to those present. Mr. Miller stated that, if the proposed
rezoning is approved, the final construction and engineering plans must conform to the zoning plan that
was presented to City staff and officials. Mr. Miller stated the requested density is 4.5 units per acre,
and that the developer proposes to build 245 townhouses and 95 singles-family units on the subject
property. Mr. Miller read the following list of stipulations, including input from discussion, to those
present:
I. The development of the proposed residential townhouse community sha1l be limited to 245 units and the
single-family community shall be limited to 95 units. The minimum floor area of each unit will be
1,800 square feet for the townhouse units and 2,000 square feet for the single-family residences. The
following minimum setbacks and building separations shall be maintained:
Setbacks:
Oakdale Road - 50'
Front Yard (single-family) - 25'
Front Yard (townhouse) - 20'
Side Yard ( single- family) - 5'
Side Y ard (townhouse) - 20'
Rear Yard (single-family) - 10'
Rear Yard (townhouse) - 40'
..
Building Separations (townhouse units):
Front to front - 50'
Front to side - 40'
Side to side - 20'
Side to rear - 30'
Rear to rear - 40'
2. The development sha1l comply with the elevations included with the application package. However,
additional elevations shall be provided along with fu1ly-dimensioned floor plans for each model of
single-family and townhouse residential unit. Brick, stone, stucco or architectural shake sha1l be used
on at least three sides of each building. A1l buildings which will be adjacent to Oakdale Road shall
utilize four-sided brick elevations. No portion of any building sha1l utilize 100% horizontal siding.
3. All townhouse and single-family residences shall be provided with an enclosed garage parking space to
accommodate two vehicles.
4. The developer sha1l install a deceleration lane at each of the two entrances for the subdivision. The
deceleration lane shall have a minimum length of 150' with a 50' taper. The right-of-way associated
with Terry Drive sha1l be abandoned by the City after the annexation/rezoning is approved.
5. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent
to Oakdale Road consistent with City requirements. A sidewalk or passive trail shall also be provided
within the subdivision to connect each portion of the development to the proposed park.
6. The developer shall donate and convey additional right-of-way on Oakdale Road such that a minimum
50' right-of-way width can be achieved as measured from the centerline.
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January 20, 2004
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7. The developer shall be responsible for the costs associated with the development of the proposed park
with the exception of lighting which shall be provided by the City. Before any building permits
(including land disturbance) are issued by the City, the developer shall provide Phase I and II
Environmental Assessments for the inert landfill. Any costs associated with remediation required to
convert the inert landfill into a City park shall be borne by the developer.
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All plans for the park shall be approved by the City prior to construction. After construction, the park
shall be leased to the City for the sum of $1.00 per year until 90% of the residences in the community
have been issued a certificate oCoccupancy. The City shall have the option to obtain the park via a
dedication once 90% of the residences have been issued a certificate of occupancy.
8. There shall be protective covenants on all lots and there shall be a mandatory homeowners association
for the development for maintenance of any common areas. A copy of the recorded covenants shall be
supplied to the City prior to the issuance of any certificate of occupancy.
9. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm
event. The City Engineer shall approve all plans.
10. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and
outside the development.
II. All utilities within the development shall be underground.
12. A strip of brick pavers or stamped concrete shall be installed on the street entrances from Oakdale Road
for a minimum distance of20 feet.
13. The development of any streets (including private) shall conform to the City's standards for public
rights-of-way.
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14. The protective covenants will require all non-resident property owners to keep the Homeowners
Association advised of the current address and phone numbers where they can be reached. The HOA
documents shall prohibit the use of any unit in the development for rental purposes.
15. The developer shall obtain all approvals necessary for construction within the 2000' Chattahoochee
River Corridor prior to the issuance of any City building permit or land disturbance permit.
16. There shall be a landscaped front entrance, with monument, indicating the name of the development.
17. No debris may be buried on any lot or common area.
18. The developer will install decorative streetlights within the development, subject to approval by the City
Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be
confined within the perimeter of the subject property through the use of "full-cutoff lighting".
19. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
20. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape
Architect or a degreed horticulturist for common areas and entrances. All plans must conform to the
requirements of the City's Tree Protection Ordinance.
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21. Developer shall install a 6' high masonry wall, wrought iron fence, or a combination of both along
Oakdale Road for the limits of the development. The frontage along Oakdale Road shall also
incorporate a 20' wide undisturbed landscape buffer (except for the development entrance and sidewalk)
with one tree every 45'. The developer shall be responsible for constructing an entry sign for the
community.
22. A 50' landscape buffer shall be provided along the southern property line of the single-family portion of
the development.
23. Compliance with the conclusions and recommendations contained within that certain Archeological
Reconnaissance, dated December 8, 2003, prepared by R.S. Webb and Associates. Specifically, the
Civil War fortification identified by R. S. Webb and Associates as F-l shall be protected from
development both before and after construction. The developer shall also install a bronze plaque, or
similar marker, to commemorate the fortification and describe its significance. Such fortifications shall
be designated as common area and shall not be included in the legal description of any lot. The
protective covenants shall prohibit the disturbance of any such fortifications.
The area of the proposed development containing Fortification F-I shall be further protected from
development via the use of a chain link fence. This fence shall be installed prior to any land disturbance
and shall be sized appropriately such that no portion of the fortification may be subject to damage
during construction. A covenant shall be recorded contemporaneously with the plat (or other
appropriate instrument) to restrict development upon the portion of the property containing Fortification
F-l. The City reserves the right to have the fortification incorporated into the park portion of the
development.
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Council Member Newcomb asked Mr. Miller to provide additional information regarding the entrance
to the park area to those present. Mr. Miller stated the City Engineer was consulted regarding this, and
that the park entrance is considered an off-peak use road, which means that generally people are not
going to the park during regular commuting hours. Mr. Miller stated the City Engineer has advised that
construction of a deceleration lane is not necessary for the park entrance. Council Member Newcomb
asked Mr. Miller if a deceleration lane could be built at the park entrance if subsequently determined to
be needed. Mr. Miller stated that the park entrance would have to be moved southward in order for a
deceleration lane to be added. Mr. Miller stated that a requirement for a deceleration lane could also be
added during the plan review process. Council Member Newcomb asked Mr. Miller if stipulation #5
calls for sidewalks on two sides, and Mr. Miller stated that sidewalks are required on one side on
Oakdale Road, and that two-sided sidewalks may be required within the subdivision proper. Council
Member Newcomb asked Mr. Miller if the lighting called for in stipulation # 18 includes park lights
which could disturb nearby residents. Mr. Miller stated it is the City's intent to utilize the park property
to its fullest and best potential, and that this will entail use of lighting at the park. Council Member
Newcomb stated he wishes it to be clear for the record that the City intends to use lights in the park area.
Council Member Newcomb stated that no survey identifying specimen trees appears to be attached to
the application, and asked Mr. Miller to provide details regarding tree protection measures for the
proposed development. Mr. Miller stated that a tree protection plan for the proposed development has
been submitted by the applicant, but that the plan has not yet been reviewed by the City's arborist. Mr.
Miller stated the arborist is not expected to review this particular tree protection plan because of an
association the arborist has with one of the property owners. Mr. Miller stated the applicant has
complied with the City's ordinance by submitting a tree protection plan, and that the applicant must
meet the City's tree protection standards. Council Member Newcomb asked Mr. Miller if there is
sufficient space available to widen Oakdale Road in the event widening ofthis road becomes necessary.
Mr. Miller stated enough land will be dedicated to make Oakdale Road a 100' wide corridor. Mr. Miller
stated that no widening beyond the construction of the 100' corridor is anticipated. Council Member
Lnenicka asked Mr. Miller what measures will be taken to make certain the American Civil War era
fortifications referred to in stipulation #23 will be protected. Mr. Miller stated on-site meetings will be
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January 20. 2004
held with representatives of R. S. Webb and the developer to physically locate the significant area and
place a buffer around it to help ensure the area is protected. Council Member McNabb asked Mr. Miller
how it can be determined whether or not the Phase 2 Environmental Assessment is the right kind of
assessment, and how it can be determined whether or not any possible remediation work is in
compliance with Phase 2 Environmental Assessment guidelines. Mr. Miller stated representatives of the
State Environmental Protection Department (EPD) have been consulted in this matter. Mr. Miller stated
the Phase 2 Environmental Assessment is more detailed, and prescribes taking soil samples for analysis
ofthe soil composition. Mr. Miller stated he has been told that the landfill on the subject tract was used
in the past for dumping tree cuttings, and that the gradual decomposition of such material can result in
soil subsidence over time. Mr. Miller stated that the City may enlist the aid of a consulting engineer
on this project before it is accepted. Council Member McNabb asked if restrooms built to City park
standards will be installed in the park area while it is under the ownership of the HOA, and Mr. Sams
answered in the affirmative. Mr. Miller stated amenity areas can also be installed in locations other than
the former landfill spot if determined by the EPD to be necessary. Council Member Smith asked if
there are any specifications determining how the landfill space is to be capped. Mr. Sams stated there
are technical specifications pertaining to the landfill, and that Mr. Dave Miller from NE can provide
additional information regarding this. Council Member Smith asked if there are any specific details
available regarding what materials may be in the landfill. Mr. Sams stated a Phase 1 Environmental
Assessment has already been conducted, and that the engineers at NE know very definitively what
materials are in the landfill. Council Member Smith asked Mr. Miller, given the density of the proposed
project, what criteria were used to justify staffs recommendation for approval of the rezoning. Mr.
Miller stated that nine zoning factors, which are listed in the zoning report provided to the City's
officials and in the City ordinances, are taken into consideration in the decision making process. Mr.
Miller stated that use of these factors provides the City with a consistent means of evaluating proposed
zonings in the City. Council Member Newcomb stated for the record that the Planning and Zoning
Board (PZB) did not approve this proposed rezoning, but that some changes to the plan initially
submitted have been made. Council Member Newcomb asked Mr. Miller to provide details to those
present regarding some amendments to the project plans which have been made. Mr. Miller stated that
some issues, including the presence of ARC's Chattahoochee River Protection Corridor adjacent to the
subject property, were a cause of concern among some PZB members. Mr. Miller stated he has
consulted with a representative of ARC regarding this, and was advised that there are different
categories of property within the 2000' Chattahoochee River Protection Corridor with different
percentages of impervious area allowed in the various categories. Mr. Miller stated that the
representative of ARC he spoke with has indicated to him that the plan in its current state can be
approved. Mr. Miller stated that there was some concern among the PZB members regarding possible
hazards associated with materials dumped in the landfill area of the subject tract. Mr. Miller stated that
the stipulations have been amended to try to address some of these concerns; e.g., the initial leasing of
the park area to the City, the requirement for a Phase 1 Environmental Assessment and Phase 2
Environmental Assessment and requirements for construction to be done to City standards. Mr. Miller
stated the proposed density of the planned project has been decreased by some thirty units, and that the
project plans have been amended to require all the townhouses to have two-car garages. Mr. Miller
stated the townhouse section of the proposed project has been slightly modified by changing some street
configurations to accommodate the presence ofthe 2000' Chattahoochee River Protection Corridor.
Council Member Lnenicka stated that during a recent inspection tour of local park facilities he
participated in, he observed some parking areas with surfaces constructed of permeable materials.
Council Member Lnenicka stated it may be a good idea to consider use of such materials in this
proposed facility, and to possibly consider incorporating the use of these technologically advanced
materials into the City ordinance. Mr. Miller stated that, if this rezoning is approved, the City Parks and
Recreation Department will be taking a leading role in the design and construction of the park facility in
the subject tract, and that perhaps a parking area more innovative than a conventional asphalt lot can be
considered. Mr. Sams stated that at the time this proposal was initially presented to the PZB, the level
of community support for the proposed development that is now known to exist was not fully articulated
to the PZB. Mr. Sams stated that at the time this proposal was initially presented to the PZB, the
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archaeological reconnaissance conducted in respect to the American Civil War era fortifications in the
subject area had not yet been completed, and thus the developer's commitment to protect and preserve
this area of historical significance may not have been completely communicated.
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Mayor Bacon recognized Ms. Mary Rose Barnes, who expressed opposition to development of land
which she described as environmentally sensitive. Ms. Barnes expressed the view that the proposed
rezoning is not consistent with RAD Conditional guidelines. Ms. Barnes stated that the density of the
proposed project is actually higher than what has been represented when calculated without including
the property proposed for use as a park. Ms. Barnes provided details to those present regarding various
problems experienced over the years with the landfill in the subject area. Ms. Barnes expressed the
view that construction of the proposed dwellings on the subject tract would encroach upon the stream
bank buffer. Ms. Barnes provided details to those present regarding utility easements which she
believes are not addressed by the proposed plan. Ms. Barnes expressed various concerns she has
regarding the construction of deceleration lanes in the subject area. Ms. Barnes expressed concerns
about possible traffic congestion which could be generated by the construction of the proposed
development.
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Mayor Bacon recognized Ms. Roberta Cook, residing in Grayson Point, and Ms. Cook provided printed
information to the Mayor and Council Members regarding the proposed development. Ms. Cook
provided details regarding American Civil War era fortifications in the subject area to those present, and
expressed the view that such historically significant areas should be protected. Ms. Cook expressed
concern about the possible environmental impact of grading and removal of trees in the subject area.
Ms. Cook expressed concern about possible traffic congestion which could be generated by the
construction of the proposed development. Ms. Cook expressed the view that there do not seem to be
adequate retail, restaurant and basic service businesses in the subject area. Ms. Cook stated that some
evidence of land disturbance can already be seen near the American Civil War era fortifications in the
subject area. Ms. Cook provided details of some additional stipulations for protecting the American
Civil War era fortifications in the subject area which she recommends.
Mayor Bacon recognized Ms. Ann Stephens, residing at 6013 Oakdale Road, who expressed support of
the proposed annexation of the subject property. Ms. Stevens expressed concern about American Civil
War era fortifications in the subject area which have been lost, and stated that such historically
significant areas should be protected. Ms. Stevens provided background details of the property in the
subject area containing the landfill to those present. Ms. Stevens stated the roads in the proposed
development should be wide enough to accommodate emergency vehicles.
Mayor Bacon recognized Mr. Barry Brown, representing the Georgia Civil War Commission (CWC),
and Mr. Brown stated the CWC has been tasked by the State legislature to preserve American Civil War
era sites in Georgia. Mr. Brown stated he wants to be certain the American Civil War era fortifications
located on the subject property are taken into consideration in this rezoning action.
Mayor Bacon recognized Mr. Sam Hicks, residing in Johnson's Crossing, and Mr. Hicks expressed
concerns about possible traffic congestion, possible damage to the ecosystem of the Chattahoochee
River, possible hazards posed by a landfill in the subject area, and possible impact on the cultural and
historical significance ofthe area which could result from development of the subject tract.
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Mr. Broadnax reiterated the desire of VP residents to see improvements in the subject area. Council
Member Smith asked Mr. Broadnax and other members of the audience to indicate by a show of hands
if they have experienced difficulty making left turns out of the VP subdivision. Mr. Broadnax stated he
has not experienced any difficulty making left turns out of the VP subdivision. Council Member Smith
asked Mr. Broadnax and other members of the audience to indicate whether or not, if given an
opportunity to purchase their property again with a larger lot, they would be willing to pay a somewhat
January 20. 2004
higher price. Mayor Bacon stated he believes most people are interested in having spacious homes with
smaller lots which require less yard care.
Mayor Bacon asked Mr. Sams to provide information to those present regarding responsibilities which
will devolve upon the HOA of the proposed development in regard to the protection of American Civil
War era fortifications on the subject property. Mr. Sams stated that, as a condition of zoning, the
historically significant parts of the subject property can be preserved in perpetuity. Mr. Sams stated that
the HOA would not have to make any unilateral decisions regarding the historically significant parts of
the subject property, and that any changes to the zoning conditions would have to be approved by the
City's officials. Mr. Sams stated that, as a condition of zoning, the historically significant parts of the
subject property can be owned by the mandatory HOA, but will remain inviolate indefinitely. Mr. Sams
stated a covenant can be put in place to make the protective measures effective indefinitely. Council
Member Lnenicka asked Mr. Sams if the property owners may be willing to convey ownership of the
historically significant parts of the subject property to the City as part of the planned park so that it can
be maintained by the City. Mr. Sams stated that conveying ownership of the historically significant
parts of the subject property to the City would be acceptable to the owners. Council Member Lnenicka
stated that City ownership of the land which includes the American Civil War era fortifications could
eliminate the need for some stipulations. Council Member Lnenicka stated that the City may also be
able to form a citizen committee to help fund and promote preservation of the historically significant
area. Mr. Cochran stated that the deed for the subject property should contain a specific covenant to
prohibit certain uses in order to prevent subsequent elected bodies from using the property for some
other purpose. Council Member Lnenicka asked Mr. Sams if the applicant would be willing to agree to
installation of a chain link fence around the fortifications for additional protection, and Mr. Sams
answered in the affirmative. Council Member Lnenicka asked Mr. Sams what the price range of the
proposed dwellings will be, and Mr. Sams stated they will range in cost from around $200,000 to
$350,000. Council Member Newcomb asked Mr. Sams if the applicant's consulting engineer could
provide details regarding the conditions at the landfill located on the subject property to those present.
Mr. Sams called upon Mr. Dave Miller from Nova Engineering to comment on this aspect ofthe subject
property, and Mr. Sams administered the oath to Mr. Miller. Mr. Miller stated that Nova Engineering
(NE) is in the process of preparing a Phase 1 Environmental Assessment of the landfill located on the
subject property. Council Member McNabb asked Mr. Miller if NE will also prepare the Phase 2
Environmental Assessment of the landfill, and Mr. Miller answered in the affirmative. Council Member
McNabb asked Mr. Miller how much time is expected to elapse between the Phase 1 Environmental
Assessment and the Phase 2 Environmental Assessment. Mr. Miller stated the Phase 1 Environmental
Assessment will be completed and reviewed by the applicant and, if appropriate, by City officials and
EPD representatives. Mr. Miller stated the Phase 2 Environmental Assessment will start after the initial
survey is completed. Mr. Miller stated a Phase 2 Environmental Assessment for an inert landfill is
somewhat unusual inasmuch as there is no State requirement for monitoring groundwater around an
inert landfill. Mr. Miller stated an inert landfill is a landfill which contains materials that do not affect
the groundwater. Council Member Newcomb asked Mr. Miller what types of testing a Phase 2
Environmental Assessment entails. Mr. Miller stated that, in this particular instance, the Phase I
Environmental Assessment being conducted at the subject location is somewhat more comprehensive
than is usually the case, and includes the excavation of some test pits. Mr. Miller stated that the
contents found in the top 10 feet of the landfill are consistent with records pertaining to the landfill. Mr.
Miller stated that, at least in the upper portion of the landfill, materials found include pieces of concrete,
rocks, soil and some tree limbs. Mr. Miller stated that no leaking containers or household garbage have
been found in the subject landfill. Mr. Miller stated that water running off the subject landfill has been
tested for 141 different contaminants, and that no compounds have been detected at levels sufficient to
be a cause for concern. Mr. Miller stated the examinations being conducted at the subject landfill are
consistent with the historical use of the landfill. Council Member Newcomb asked Mr. Miller how
extensive the Phase 2 Environmental Assessment will have to be in order to protect the water run-off
from this site, which is covered under the River Protection Act. Mr. Miller stated the focus of the Phase
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2 Environmental Assessment is groundwater contaminant and soil issues. Mr. Miller stated that the
project architect and civil engineer can better address storm water run-off and sedimentation concerns.
Council Member Newcomb asked Mr. Miller if examination of the subject landfill by NE has revealed
anything that would cause Mr. Miller to think that terms such as "toxic waste dump" or "superfund site"
would correctly apply to the subject location. Mr. Miller stated that nothing has been found at the
landfill to cause the associates ofNE to think that such terms would apply to the subject location. Mr.
Miller stated that evidence found so far indicates that the subject landfill is an inert waste landfill.
Council Member Pritchett asked Mr. Miller if, given the amount of time which has passed since the
landfill was placed at the subject location, one could expect to find evidence of contaminants in the area
of the landfill. Mr. Miller stated that contaminants would normally be found in the water running off
the landfill site if any such materials were leaching out. Mr. Miller stated there is nothing associated
with the history of the subject landfill to indicate it was used for anything other than its intended
purpose. Mr. Miller stated that if any contaminants were leaching out of the subject landfill, then the
presence of such materials would be detected in the stream near the subject location. Council Member
Pritchett stated that reference has been made to an incidence of dumping of steel rebar into the subject
landfill. Council Member Pritchett asked Mr. Miller what impact a piece of steel would have on the
subject landfill. Mr. Miller stated that placing steel in a landfill would have no unfavorable
environmental impact, but that rebar should be disposed of in a construction debris landfill. Council
Member McNabb asked Mr. Miller if NE has ever been hired to investigate an inert landfill and
formulate requirements in Georgia for conversion of such a facility into a recreational park. Mr. Miller
stated that NE has not previously done any work of this type in connection with construction of a
recreational park, but that NE has investigated inert landfills before, as well as solid waste landfills.
2. Approval of Application for Annexation (100% owners requested annexation) -75.48 Acre
Tract - Land Lot 62, Parcel 26; Land Lot 63, Parcels 17, 18, 19 and 43; Land Lot 170, Parcels
1,15 and 18; Land Lot 176, Parcels 1,3,7, and 9; Land Lot 177, Parcels 2, 3, 4,5 and 24; 18th
District, 2nd Section - Oakdale Road
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Mr. Wright stated that staff has reviewed the application for annexation of the subject property and
found it to be complete and in order.
MOTION: Council Member Wood made a motion to approve the application for annexation for a 75.48
acre tract in Land Lot 62, Parcel 26; Land Lot 63, Parcels 17, 18, 19 and 43; Land Lot 170, Parcels 1, 15
and 18; Land Lot 176, Parcels 1,3, 7, and 9; Land Lot 177, Parcels 2,3,4, 5 and 24; 18th District, 2nd
Section, to become a part of Ward 7 with an effective date of February 1,2004. The motion was
seconded by Council Member Lnenicka. Motion was approved 5 - 2, with Council Members McNabb
and Smith in opposition.
3. Approval of Rezoning Request Z03-028
....
MOTION: Council Member Wood made a motion to approve Rezoning Request Z03-028 from Cobb
County Heavy Industrial (HI), Light Industrial (LI), RA-5 (Multi-Family) and R-20 (SFR) to City of
Smyrna RAD Conditional for Land Lots 62,63, 170, 176, 177, Oakdale Road near Dickerson Road for
The Columns Group, subject to the 23 stipulations read into the record and with the additional
conditions concerning the American Civil War era fortifications in the subject area. The motion was
seconded by Council Member Lnenicka. Council Member Pritchett stated that the motion should
include covenants suggested by Mr. Sams to preserve the American Civil War fortifications on the
subject tract in perpetuity. Council Member Pritchett stated the deed for the subject property should
contain a specific covenant, as suggested by Mr. Cochran, to prohibit certain uses in order to prevent
subsequent elected bodies from using the property for some other purpose. Council Member Scoggins
stated he supports the motion because many residents of the affected area seem to be in favor of this
plan. Council Member Scoggins stated he considers the selection of the City as the site of this extensive
development to be an indication of the confidence people have in the City. Council Member Scoggins
January 20. 2004
10
stated that considerable efforts have been made to make this development acceptable to as many people
as possible. Council Member Scoggins commended Council Member Wood and Mr. Chris Miller for
their efforts on behalf of the City in this and other projects. Council Member Newcomb stated he
supports the motion because a majority of the residents in the area seem to be in favor of the plan.
Council Member Newcomb stated the density of the development is within the guidelines set forth in
the Cobb County Future Land Use Plan. Council Member Newcomb stated he is reassured by the fact
that Mr. Chris Miller has recommended approval of this proposal based on zoning requirements which
are based on the results of previous court rulings. Council Member Newcomb stated he appreciates the
strong concern for the historically significant areas of the subject property demonstrated by Ms. Cook
and other citizens. Council Member Newcomb stated that the provisions of this rezoning will protect
the American Civil War era fortifications in the subject area, and that some testimony given at this
hearing unfortunately illustrates what can happen to sites of historic value when no measures are in
place to protect them. Council Member Newcomb stated that the Metropolitan River Protection Act
provides for additional review and approval of some of the plans for this project by an authority other
than the City. Council Member Newcomb stated that water is presently running off the subject property
into the nearby river, and that the landfill at the subject location will be examined more closely than it
has ever been before. Council Member Newcomb provided details of various aspects of the project to
those present, and pointed out the advantages which he believes the community will realize from this
development. Council Member Smith stated he is opposed to this proposal because of the density.
Council Member Lnenicka stated that he believes that the plan is a good one, and that many concerns
about the development have been addressed. Council Member Lnenicka expressed appreciation for the
willingness of Mr. Sams and the applicant to cooperate with the City's leadership in order to arrive at a
development plan which will protect sites of historical significance on the subject tract. Council
Member Lnenicka thanked all the citizens who attended this meeting to express their views regarding
this project. Council Member McNabb complimented Mr. Sams and the applicant on the well-planned
proposal which they brought before the Mayor and Council Members. Council Member McNabb stated
he is opposed to this proposal because of the density. Council Member Pritchett commended Mr.
Brown, Mr. Sams, Mr. Dave Miller and many others for their beneficial input into this decision-making
process. Council Member Pritchett stated that this plan includes provisions for protecting the areas of
historical significance on the subject tract which otherwise may not have come about without this
development proposal. The motion was approved 5 - 2, with Council Members McNabb and Smith in
opposition.
-
-
(B) Public Hearing (2nd) - Adoption of the Livable Centers Initiative [LCI] Study
Mr. Wright stated that last year the City was awarded a grant from the Atlanta Regional Commission
(ARC) to conduct a Livable Centers Initiative [LCI] study for the northern sector ofthe City. Mr.
Wright stated Altamira Design was engaged to conduct the LCI study, and that a number of public
hearings were held in connection with the Smyrna Revitalization Authority and the Smyrna
Revitalization Task Force. Mr. Wright stated the first public hearing on the LCI study was held on
January 5, 2004. Mr. Wright stated copies ofthe LCI study have been made available for public
inspection.
Mayor Bacon recognized Mr. Chris Miller, and Mr. Miller introduced Mr. Harry Housen from Altamira
Design to those present. Mr. Miller provided details of the findings of the LCI study to those present.
Council Member Newcomb asked Mr. Miller if he understands that the reference to the infill
development behind the Community Center is being removed from the study, and Mr. Miller answered
in the affirmative. Mr. Miller stated that future measures to consider will be included in the report
because this will help establish the City's precedence for funding from ARC and help focus the City's
leadership on improvements determined to be needed. Council Member Newcomb asked Mr. Miller to
provide details to those present concerning information that will be added to the report. Mr. Miller
stated that two recommendations will be added: first, a recommendation to connect the single-family
residential area north of Concord Road to the Market Village area and the potential Belmont Hills
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January 20, 2004
11
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redevelopment area through the use of additional roads or pedestrian routes; second, a recommendation
to incorporate into the final LCI document some existing information from the Concord Road study
which has already been completed. Mr. Housen stated that the recommendations are included to
indicate that the feasibility of certain plans will be studied, and that inclusion of this information in the
study may improve the eligibility of the City for certain grant funds. Council Member Newcomb stated
that this information, if included, should be clearly identified as an addendum. Council Member
Member Scoggins asked Mr. Miller how the reference to the infill development behind the Community
Center came to be included in the study. Mr. Miller stated that this information was added by the
consultant as a potential redevelopment project in the LCI study area.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka commended the members of the Smyrna Revitalization Authority and the
Smyrna Revitalization Task Force for their work on this project.
...
MOTION: Council Member Newcomb made a motion to adopt the Livable Centers Initiative study
as submitted and clarified by discussion. The motion was seconded by Council Member Smith.
Council Member Pritchett asked if the reference to potential infill development behind the Community
Center can be placed in the addendum of recommended areas for additional study in order to improve
the City's eligibility for certain grant funds, and Mr. Miller answered in the affirmative. Mr. Housen
stated this is a good suggestion and can be accomplished easily. Council Member Newcomb stated he
believes that inclusion ofthe reference to infill development behind the Community Center conveys the
impression that the City is seeking funding for such a project, which is not the intention ofthe council.
Council Member Newcomb stated he sees no reason to include any reference to infill development
behind the Community Center in the study. Council Member Pritchett stated that if such a reference is
not included in the study, it is likely the City would never be able to undertake such a project. Council
Member Pritchett stated that inclusion of a reference to potential infill development behind the
Community Center would give the City more options. Mr. Miller stated the Smyrna Revitalization
Authority and the Smyrna Revitalization Task Force are still in existence, and it would be possible to
make future amendments to the study with their input. Council Member Newcomb stated that reference
to a potential mixed-use infill development for the area behind the Community Center could be included
in the study addendum. Motion was approved 7 - O.
(C) Public Hearing - Rezoning Request Z03-035 - R-15 (SFR) to Light Industrial (LI) - Oakdale
Road - Freight Terminals
Mr. Wright stated the applicant is proposing to build a new office building at the subject location, and
seeks a rezoning from R-15 (SFR) to LI (Light Industrial). Mr. Wright stated the proposed rezoning
was approved by PZB. Mr. Wright stated that staff supports the rezoning for LI-Conditional instead of
LI with a number of conditions.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Mr. Michael Kavich (phonetic), representing Watkins Motor Lines
(WML), and asked Mr. Kavich to provide details to those present regarding the type of structure
proposed for the subject tract by WML. Mr. Kavich stated the WML building will be a one-storey
masonry office building designed to house administrative and clerical staff.
...
MOTION: Council Member Wood made a motion to approve Rezoning Request Z03-035 from R-15
(SFR) to Light Industrial-Conditional for Freight Terminals with the stipulations recommended by staff.
The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. (Clerk's Note:
Council Member Pritchett was not present at the time ofthis vote)
January 20. 2004
12
(D) Public Hearing - Variance Request V04-001 - Approval of Use of Accent Colors - 2671 South
Cobb Drive - Southeast Express Lube
Mr. Wright stated the subject property is within the South Cobb Drive Overlay District where buildings
are required to use muted earth tone colors. Mr. Wright stated that staff recommends approval of
the request to use blue and yellow accent colors provided the color scheme used matches the one
illustrated in a photograph submitted by the applicant.
-
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Smith recognized Mr. Mark Smith, and asked Mr. Smith to explain the need for the
requested variance to those present. Mr. Smith explained that Southeast Express Lube stores in
Georgia and Florida use the building color scheme for which he is requesting a variance.
MOTION: Council Member Smith made a motion to approve Variance Request V04-001 for use
of accent colors at 2671 South Cobb Drive for Southeast Express Ll,Jbe. The motion was seconded by
Council Member Scoggins. Council Member Newcomb stated that the requested colors, blue and
yellow, are not earth tones. Council Member Newcomb stated he does not wish to deviate from the
approved range of colors, and that he will not support this motion. Motion was approved 4 - 3, with
Council Members Lnenicka, McNabb and Newcomb in opposition.
(E) Approval of Amendments to Sign Ordinance - Sec. 82-2 Definitions; Sec. 82-15 (a) (2) and
Sec. 82-15 (b) (3) (4) Requirements for All Signs; Sec. 82-3 (a) Signs Not Requiring Permits;
Sec. 82-12 (q) (r) Prohibited Signs and Sign Devices
Mr. Wright stated staff was directed by the Mayor and Council to analyze different options for changing
the sign ordinance as it relates to free-standing signs and other sign issues. Mr. Wright stated the
proposed sign ordinance amendment includes provisions for creation of a Cobb Parkway Corridor
to allow pole signs within the corridor, to permit real estate signs not located on property for
sale, and to prohibit signs on canvas or cloth.
-
Council Member Newcomb recognized Mr. Miller, and asked Mr. Miller to provide details concerning
the proposed City sign ordinance changes to those present. Mr. Miller stated there will be changes in
the size and composition of the signs to be allowed in the proposed corridor. Mr. Miller stated that
current regulations call for monument based free-standing signs, and that the proposed amendment will
allow pole signs in the Cobb Parkway Corridor. Mr. Miller stated that the area of Cobb Parkway not
only reflects City of Smyrna zoning guidelines, but those of Marietta and Cobb County as well. Mr.
Miller stated that Cobb Parkway is a high-traffic area which is very visible from 1-285. Mr. Miller
stated that many of the retail establishments along Cobb Parkway are regional in nature, as opposed to
being geared solely to a local market, and have different advertising needs.
MOTION: Council Member Newcomb made a motion to approve amendments to the Sign Ordinance,
Sec. 82-2 Definitions; Sec. 82-15 (a) (2) and Sec. 82-15 (b) (3) (4) Requirements for All Signs; Sec. 82-
3 (a) Signs Not Requiring Permits; and Sec. 82-12 (q) (r) Prohibited Signs and Sign Devices. The
motion was seconded by Council Member Pritchett. Motion was approved 7 - O.
(F) Public Hearing - Variance Requests V03-039 through V03-044 - Increase in Height for Free-
Standing Sign [2]; Increase in Sign Area for Free-Standing Sign [2]; Approval of Use of Pole
Sign in place of Monument Sign [2]; Approval of Additional Free-Standing Sign - 2750 Cobb
Parkway - Nalley Lexus
--
Mayor Bacon stated that this variance request has been withdrawn.
January 20, 2004
13
PRIVILEGE LICENSES:
There were none.
-
FORMAL BUSINESS:
(A) Approval of Water Rate Increase from Cobb County - Marietta Water Authority
Mr. Wright stated the City purchases drinking water from the Cobb County - Marietta Water Authority
(CMW A), and that CMW A has notified the City of a 2.5% water rate increase. Mr. Wright stated it is
recommended that the City's retail water rate be raised from $1.78 per 1,000 gallons to $1.82 per 1,000
gallons to reflect this increase.
MOTION: Council Member Wood made a motion to approve a City retail water rate increase from
$1.78 per 1,000 gallons to $1.82 per 1,000 gallons to be effective on the March, 2004 water billing for
February usage. The motion was seconded by Council Member Newcomb. Council Member Newcomb
asked Council Member Wood if it is correct that the City will have to pay the increased amount to
CMW A regardless of whether or not the City raises its rates for local water customers, and Counci I
Member Wood answered in the affirmative. Council Member Scoggins stated he has always opposed
raising rates for City water customers to match increases from CMW A because the City has no control
over the Authority's actions. Council Member Scoggins stated it is his understanding that CMW A has
cash reserves which are quite sizeable. Council Member Scoggins stated that many City water
customers on fixed incomes are given no choice in this matter and can only pay the higher price, and
that he will not support the increase. Motion was approved 6 - 1, with Council Member Scoggins in
opposition.
-
(B)
Adoption of Ordinance for Vehicle for Hire [Taxi] Privilege Licenses
Mr. Wright stated the City's vehicle for hire ordinance has been reviewed by staff and recommended
changes have been included. Mr. Wright stated the revision includes a requirement for licensees to
furnish individual vehicle listings. Mr. Wright stated that staff recommends adoption of the revised
vehicle for hire ordinance.
Council Member Wood provided details of the proposed changes to the vehicle for hire ordinance to
those present.
MOTION: Council Member Wood made a motion to approve the adoption of the ordinance for vehicle
for hire privilege licenses to be effective immediately. The motion was seconded by Council Member
Smith. Motion was approved 7 - O.
(C) Approval of Franchise Agreement with Comcast Cable of Georgia
Mr. Wright stated the Georgia Municipal Association's telecommunications services group has
negotiated an agreement to allow Comcast to provide cable services within the city limits of Smyrna.
Mr. Wright stated that key provisions of the proposed 12-year franchise agreement include payment of a
5 percent franchise fee on gross receipts, provision of a channel for government use, requirement of
$1,000,000 in liability insurance and a $20,000 performance bond and establishment of customer
service standards such as time limits on new installations and service changes. Mr. Wright stated staff
recommends approval of this franchise agreement.
-
Council Member Wood stated that provision of cable service in the City is not exclusive and is open to
competition. Council Member Wood stated that Comcast will be able to provide cable service in parts
of the City where such service is not currently available.
January 20, 2004
14
MOTION: Council Member Wood made a motion to approve the franchise agreement with Comcast
Cable of Georgia. The motion was seconded by Council Member Pritchett. Council Member McNabb
stated he encourages the representatives of Comcast to consider offering competitive service to City
residents, including those in areas which presently have cable service. Motion was approved 7 - O.
-
(D) Approval of Amendment to Code Section 50-26, Adoption of Fire Codes
Mr. Wright stated the City code section that adopts the fire codes enforced by the City needs to be
updated to refer to the codes as they are presently known. Mr. Wright stated that language has been
added to the ordinance to clarifY the manner in which changes to the code are adopted. Mr. Wright
stated that staff recommends approval of this amendment.
Council Member Lnenicka stated the ordinance will be changed to reflect reference to the International
Fire Code and the International Property Maintenance Code. Council Member Lnenicka stated that
language to clarifY the way in which changes to the code are adopted will also be included.
MOTION: Council Member Lnenicka made a motion to approve an amendment to Code Section 50-26,
Adoption of Fire Codes. The motion was seconded by Council Member Wood. Motion was approved
7 -0.
(E) Appointment of Ward 7 Representative to the Keep Smyrna Beautiful Commission
MOTION: Council Member Wood made a motion to approve the appointment of Mr. Wayne Waldrip
to represent Ward 7 on the Keep Smyrna Beautiful Commission. The motion was seconded by Council
Member Lnenicka. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
-
(A) 8,000 Square Foot Office/Storage Building - U. P. C. S., Inc. - 2435 Dixie Avenue-
Allan Khalife
Council Member Scoggins asked Mr. Miller if staff recommends approval of this permit application,
and Mr. Miller answered in the affirmative. Mr. Miller stated the proposed building is a contractor's
office, which is a permitted use for the General Commercial zoning in the subject area.
MOTION: Council Member Scoggins made a motion to approve a commercial building permit for an
8,000 square foot office/storage building for U. P. C. S., Inc. at 2435 Dixie Avenue for Allan Khalife.
The motion was seconded by Council Member Pritchett. Motion was approved 7 - O.
(B) 6,400 Square Foot Office/Warehouse Building - Carmichael Communications - 2600 Matthews
Street - John Carmichael
MOTION: Council Member Scoggins made a motion to approve a commercial building permit for a
6,400 square foot office/warehouse building for Carmichael Communications at 2600 Matthews Street
for John Carmichael. The motion was seconded by Council Member Wood. Motion was approved
7-0.
CONSENT AGENDA:
(A)
(B)
Approval of January 5, 2004 Minutes
Approval of Deletion of2003 Revisions to the NFPA 1582 Fire Code
Staff has recommended deletion of the 2003 amendments to NFP A 1582, the Standard
Comprehensive Occupational Medical Code for Fire Departments.
-
January 20. 2004
15
(C)
Approval of Change Order for Chuck Camp Park
Engineers took soil borings at 4 field light pole locations and found conditions to be unsuitable
to safely set poles in the ground. To correct the conditions for each hole, concrete rubble will be
removed, a metal pipe installed in the hole, and concrete added so that a solid base is created for
pole installation. Costs are for added engineering, materials and labor. Approval of this change
order is recommended.
-
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was
seconded by Council Member Lnenicka. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Wood expressed appreciation to the citizens who attended this meeting to provide their
input into the discussion regarding the development in the area of Oakdale Road.
Council Member Lnenicka wished Chief Hook a happy birthday. Council Member Lnenicka thanked
the members of the Heritage at Vinings HOA for inviting him to their recent meeting, and for their
interest in and support ofthe community. Council Member Lnenicka thanked Chief Hook and Mr.
Ciaccio for their help at the HOA meeting. Council Member Lnenicka stated the National Commander
of the American Legion will be at the Veterans Memorial park this Saturday to visit the Memorial.
Council Member Smith recognized Mr. Corey, and Mr. Corey provided details of positions for which
the City is currently recruiting to those present.
Council Member McNabb reminded those present that the meeting of the Forest Hills Preservation
Society will be held at City Hall tomorrow night.
-
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details regarding the
City's new website to those present.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details of exhibits and
programs planned for the City Library to those present. Mr. Seigler also provided details of a tax return
preparation assistance program which will be available at the City Library during tax season.
Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details of progress on
various parks and recreation projects to those present.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott stated there are now presently three
court dates, which is resulting in more efficient scheduling of court cases. Ms. Hiott stated that
current council meeting agendas will be posted on the City web site in the near future.
Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided current building permit
statistics to those present.
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details of various Public
Works Department projects to those present.
-
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk thanked Sandi Sands, Dale Holmes, June
Wolf and Sue Brissey for agreeing to serve additional terms on the Keep Smyrna Beautiful Commission
(KSB). Ms. Kirk stated she is glad to have Mr. Waldrip on KSB. Ms. Kirk stated that a new Assistant
Director for KSB, Ms. Virginia Davis, started work today. Ms. Kirk stated there will be an Adopt-a-
Mile event this Saturday.
January 20. 2004
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 11 :26 p.m.
A. MAX BACON, MAYOR
/........\
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ITCHETT, WARD 1
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CHARLES PETE WOOD, WARD 7
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U AN D. HIOTT, CITY CLE~
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RON NEWCOMB, WARD 2
16
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
--
Ordinance Number 2003-34
Land Lot 62.63. 170. 176. 177
Acres 75.48
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on January 20. 2004 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
..
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 20th
January. 2004
~
day of
A. Max Bacon, Mayor
Sus D. Hiott, City Clerk
City of Smyrna
JIIIII
Ity Attorney
-
-
-
Ordinance 2003-34
Exhibit "A"
All that tract of parcel or land lying and being in Land Lots 62, 63, 170, 171, 176, & 177 of the 18th District and
2nd Section of Cobb County, Georgia and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, commence from a point along Oakdale Road (variable R/W),
following a course North 51 degrees 2 minutes 21 seconds East approximately 132.5 feet North from centerline
of driveway of Terry Drive to a point and the TRUE POINT OF BEGINNING, from the TRUE POINT OF
BEGINNING, as thus established, thence South 46 degrees 06 minutes 07 seconds East a distance of 194.96
feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of 104.68 feet to a point;
thence North 46 degrees 06 minutes 07 seconds West a distance of 194.96 feet to a point;
thence North 51 degrees 02 minutes 22 seconds East a distance of 30.97 feet to a point;
thence 179.37' feet along an arc of a curve to the left, said curve having a radius of 769.30 feet and a chord
bearing and distance of North 44 degrees 21 minutes 34 seconds East a distance of 178.97 feet to a point;
thence South 54 degrees 58 minutes 17 seconds East a distance of 170.00 feet to a point;
thence North 34 degrees 26 minutes 38 seconds East a distance of 89.84 feet to a point;
thence North 60 degrees 39 minutes 20 seconds West a distance of 170.00 feet to a point;
thence North 28 degrees 02 minutes 19 seconds East a distance of 112.84 feet to a point;
thence North 22 degrees 26 minutes 47 seconds East a distance of 118.57 feet to a point;
thence South 61 degrees 51 minutes 39 seconds East a distance of 194.36 feet to a point;
thence North 23 degrees 13 minutes 45 seconds East a distance of99.87 feet to a point;
thence South 62 degrees 12 minutes 18 seconds East a distance of9.90 feet to a point;
thence North 23 degrees 02 minutes 27 seconds East a distance of 196.55 feet to a point;
thence North 24 degrees 36 minutes 51 seconds East a distance of 100.00 feet to a point;
thence North 24 degrees 36 minutes 51 seconds East a distance of 80.00 feet to a point;
thence North 61 degrees 40 minutes 38 seconds West a distance of205.00 feet to a point;
thence North 32 degrees 04 minutes 30 seconds East a distance of 113.41 feet to a point;
thence South 57 degrees 41 minutes 07 seconds East a dista.1ce of202.09 feet to a point;
thence North 32 degrees 15 minutes 27 seconds East a distance of 50.02 feet to a point;
thence North 41 degrees 17 minutes 44 seconds East a distance of 100.12 feet to a point;
thence North 45 degrees 46 minutes 28 seconds East a distance of 100.36 feet to a point;
thence North 48 degrees 56 minutes 36 seconds East a distance of 100.15 feet to a point;
thence North 49 degrees 59 minutes 18 seconds East a distance of99.97 feet to a point;
thence North 49 degrees 09 minutes 59 seconds East a distance of 100.41 feet to a point;
thence North 57 degrees 25 minutes 16 seconds West a distance of 150.85 feet to a point;
thence North 69 degrees 57 minutes 38 seconds West a distance of 57.00 feet to a point;
thence North 45 degrees 06 minutes 53 seconds East a distance of 66.41 feet to a point;
thence North 45 degrees 05 minutes 07 seconds East a distance of296.72 feet to a point;
thence North 42 degrees 48 minutes 04 seconds East a distance of 100.00 feet to a point;
thence North 40 degrees 29 minutes 22 seconds East a distance of 304.77 feet to a point;
thence South 5] degrees 32 minutes 34 seconds East a distance of2] ] .53 feet to a point;
thence North 03 degrees 56 minutes 21 seconds East a distance of21.8] feet to a point;
thence North 42 degrees 49 minutes 49 seconds East a distance of 92.] 7 feet to a point;
thence North 51 degrees 30 minutes 25 seconds West a distance of206.30 feet to a point;
thence North 38 degrees 29 minutes 35 seconds East a distance of 45.26 feet to a point;
thence South 51 degrees 30 minutes 25 seconds East a distance of 206.18 feet to a point;
thence North 38 degrees ]4 minutes 51 seconds East a distance of 114.25 feet to a point;
thence North 33 degrees 28 minutes 07 seconds East a distance of65.98 feet to a point;
thence South 56 degrees 11 minutes 44 seconds East a distance of 199.91 feet to a point;
thence South 57 degrees 13 minutes 11 seconds East a distance of 140.98 feet to a point;
thence South 56 degrees 35 minutes 23 seconds East a distance of 155.42 feet to a point;
thence North 32 degrees 51 minutes 52 seconds East a distance of 193.10 feet to a point;
thence South 59 degrees 47 minutes 24 seconds East a distance of 191.40 feet to a point;
-
-
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2
thence South 34 degrees 04 minutes 45 seconds West a distance of677.52 feet to a point;
thence North 88 degrees 52 minutes 45 seconds West a distance of 538.00 feet to a point;
thence North 83 degrees 20 minutes 49 seconds West a distance of29.78 feet to a point;
thence South 00 degrees 16 minutes 42 seconds West a distance of954.80 feet to a point;
thence South 57 degrees 44 minutes 03 seconds East a distance of 139.72 feet to a point;
thence South 07 degrees 03 minutes 13 seconds West a distance of 55.84 feet to a point;
thence South 52 degrees 28 minutes 22 seconds West a distance of 111.37 feet to a point;
thence South 52 degrees 46 minutes 35 seconds West a distance of 166.66 feet to a point;
thence South 53 degrees 47 minutes 45 seconds West a distance of 137.12 feet to a point;
thence South 47 degrees 48 minutes 38 seconds West a distance of 77.84 feet to a point;
thence South 29 degrees 51 minutes 30 seconds West a distance of 324.18 feet to a point;
thence South 29 degrees 52 minutes 53 seconds West a distance of 104.17 feet to a point;
thence North 54 degrees 55 minutes 05 seconds West a distance of 1.66 feet to a point;
thence South 51 degrees 02 minutes 33 seconds West a distance of387.03 feet to a point;
thence South 47 degrees 59 minutes 23 seconds West a distance of396.88 feet to a point;
thence South 44 degrees 45 minutes 22 seconds West a distance of346.90 feet to a point;
thence North 42 degrees 22 minutes 41 seconds West a distance of257.77 feet to a point;
thence South 49 degrees 12 minutes 58 seconds West a distance of89.15 feet to a point;
thence North 42 degrees 57 minutes 19 seconds West a distance of293.59 feet to a point;
thence North 42 degrees 11 minutes 01 seconds West a distance of 18.60 feet to a point;
thence North 41 degrees 57 minutes 05 seconds West a distance of 419.73 feet to a point;
thence 46.68 feet along an arc ofa curve to the left, said curve having a radius of 1266.91 feet and a chord
bearing and distance of North 22 degrees 31 minutes 13 seconds East a distance of 46.68 feet to a point;
thence North 23 degrees 34 minutes 33 seconds East a distance of 18.05 feet to a point;
thence 110.77 feet along an arc of a curve to the right, said curve having a radius of 733.94 feet and a chord
bearing and distance of North 27 degrees 53 minutes 59 seconds East a distance of 110.67 feet to a point;
thence 193.33 feet along an arc of a curve to the left, said cl'rve having a radius of 733.94 feet and a chord
bearing and distance of North 39 degrees 46 minutes 10 seconds East a distance of 192.77 feet to a point;
thence 47.70 feet along an arc ofa curve to the left, said curve having a radius of733.94 feet and a chord
bearing and distance of North 49 degrees 10 minutes 40 seconds East a distance of 47.69 feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of27.45 feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of73.49 feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of 163.03 feet to a point and the TRUE POINT
OF BEGINNING.
Said tract containing approximately 75.48acres (3,287,908.8 square feet), as shown on the rezoning site plan for
Columns Group by Planners and Engineers Collaborative dated September 30th, 2003. This legal description
has been compiled using deeds and maps of record.
ORDINANCE No. 2004-2
...
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR
THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF
SMYRNA, GEORGIA, SEC. 50-26 ADOPTION OF FIRE CODES, PARAGRAPH
(a), TO REFERENCE REGULATIONS KNOWN AS THE INTERNATIONAL
FIRE CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE,
AND TO CLARIFY THE MANNER IN WHICH CHANGES TO THE CODE ARE
ADOPTED
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Section 50-26 (a) of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such sections shall read as follows:
-
"There are hereby adopted by the city, for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion, those
certain codes known as the International Fire Code and the International Property
Maintenance Code, published by the International Code Council being particularly the
current edition thereof, as amended from time to time; and the National Fire Codes, all
volumes, being particularly the current edition thereof, published by the National Fire
Protection Association; and the whole thereof, as amended from time to time, save and
except such portions as are hereafter deleted, modified or amended by the Mayor and
City Councilor are in conflict with this Code, of which codes at least one copy of each
has been and is now filed in the office of the fire marshal, and the fire codes are hereby
adopted and incorporated as fully as if set out at length in this article, and the provisions
thereof shall be controlling within the limits of the city, with revisions, amendments,
and new editions published by the National Fire Protection Association being in effect
six months after issue."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
,
I
..
ORDINANCE No. 2004-2
-
Approved by Mayor and Conncil Ibis 20th./~ ~
Attest:
~ ~
~f).
S san D. Hiott, City Clerk
City of Smyrna
A. Max Bacon, Mayor
Approved as to form:
-
Scott A. Cochran, City Attorney
City of Smyrna
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2
Ordinance 2004-4
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY
REVISING SECTIONS 82-2, 82-3, 82-12, AND 82-15, PROVIDING A
DEFINITION OF COBB PARKWAY CORRIDOR AND WINDOW SIGN, TO
DEFINE CERTAIN TYPES OF PROHIBITED SIGNS, AND TO PROVIDE
ADDITIONAL SPECIFICS PERTAINING TO SIGN REGULATION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Sections 82-2, 82-3, 82-12, and 82-15 of the Code of Ordinances of
the City of Smyrna, Georgia, be amended so that such sections shall read as
follows:
Section 82-2. Definitions shall be amended by the addition of the following definitions:
"Cobb Parkway Corridor means any property which has frontage on Cobb Parkway within the
City limits of City of Smyrna.
Window sign means a sign painted upon or affixed so as to be visible through or upon a
window."
Section 82-3 (a) Signs Not Requiring Permits shall be amended to read as follows:
-
"NoniIIuminated real estate signs provided such signs are not located on any public right-of-way.
Such signs shall be removed within ten days after the subject lot or building is leased or sold."
Section 82-12 Prohibited signs and sign devices, shall be amended by the addition of the
following subsections:
"(15) Permanent signs which are placed on canvas, cloth or other similar materials (excluding
signs on awnings).
(16) Permanent or temporary signs which have: missing or damaged lenses, exposed
lighting/electrical materials or otherwise damaged (including rust) support structures/sign
cabinets. "
Section 82-15 Requirements for all signs, subsection (a) (2), shall be amended to read as
follows:
"If a permanent sign (excluding wall signs) requires a sign permit then the sign structure must be
a ground based monument sign structure. This shall not apply to properties located in the Cobb
Parkway Corridor which are permitted to have pole signs."
-
Ordinance 2004-4
Section 82-15 Requirements for all signs, subsection (b), shall be amended by the
addition of the following subsections:
-
"(4) Commercial identification within the Cobb Parkway Corridor on property zoned
CBD, LC, 01, GC, OD, LI or PS with less than 5 acres
a. Each building shall be permitted one free-standing sign (either pole or monument) per
street frontage with a maximum area of 100 square feet and a maximum height of 25 feet.
The sign height shall be measured in a plane from ground level to the top of the sign. No
free-standing sign shall be setback more than 50 feet from any public right-of-way.
b. Individual signs qualifYing as wall or fascia signs may be permitted for each business or
building. Square footage will be determined by the following formula: 1 square foot
multiplied by the number of feet of frontage of the business or building. The total
permitted area may be increased at a rate of 15% for every 50 feet of building setback
from the right-of-way. In no instance shall the total sign area exceed 325 square feet.
Commercial identification within the Cobb Parkway Corridor on property zoned CBD,
LC, 01, GC, OD, LI or PS with 5 or more acres
a. Each building shall be permitted one free-standing sign (either pole or monument) per
street frontage with a maximum area of 150 square feet and a maximum height of 50 feet.
The sign height shall be measured in a plane from ground level to the top of the sign. No
free-standing sign shall be setback more than 50 feet from any public right-of-way.
-
b.
Individual signs qualifYing as wall or fascia signs may be permitted for each business or
building. Square footage will be determined by the following formula: I square foot
multiplied by the number of feet of frontage of the business or building. The total
permitted area may be increased at a rate of 15% for every 50 feet of building setback
from the right-of-way. In no instance shall the total sign area exceed 325 square feet.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
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2
Ordinance 2004-4
Approved by Mayor and Council this 20th day of January, 2004.
..
Attest:
A. Max Bacon, Mayor
~,Y(~
Susan D. Hiott, City Clerk
City of Smyrna
Scott A. Cochran, City Attorney
City of Smyrna
-
-
3
ORDINANCE No. 2004-3
-
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR
THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF
SMYRNA, GEORGIA, CHAPTER 110, VEHICLES FOR HIRE, TO PROVIDE
FOR A REQUIREMENT FOR LICENSEES TO FURNISH INDIVIDUAL
VEHICLE LISTINGS, AND TO PROVIDE SUFFICIENT REGULATIONS AND
PROCEDURES FOR VEHICLE FOR HIRE OPERATIONS, BY REPEALING
THE EXISTING CHAPTER 110 IN ITS ENTIRETY AND SUPPLANTING SAID
CHAPTER WITH A REVAMPED CODE SECTION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Chapter 110 of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such Chapter shall read as follows:
Chapter 110
VEHICLES FOR HIRE*
-
Article I. In General
Sees. 110-1--110-62. Reserved.
Article II. Operation and Business Regulations
-
Sec. 110-63. Definitions.
Sec. 110-64. Engaged in business of vehicles for hire defined.
Sec. 110-64.1. Sedan carriers and chauffeurs.
Sec. 110-65. License generally.
Sec. 110-66. Insurance required for license.
Sec. 110-67. Vehicle permit stickers with license.
Sec. 110-68. Vehicle safety standards; verification.
Sec. 110-69. Denial, suspension and revocation of business license; hearing.
Sec. 11 0-70. Regulation of drivers of vehicles for hire.
Sec. 110-71. Denial, suspension, revocation of operator's permits; hearing.
Sec. 110-72. Previous denial or revocation of business license or operator's permit.
Sec. 110-73. Vehicle markings; rates.
Sec. 110-74. Interior requirements of vehicles for hire.
Sec. 110-75. Parking of taxicabs.
Sec. 110-76. Trip sheets or logs.
Sec. 110-77. Cruising.
Sec. 110-78. Call jumping.
Sec. 110-79. Appearance and hygiene of drivers.
Sec. 110-80. Audits.
Sec. 110-81. Miscellaneous regulations.
Sec. 110-82. Complaints.
Sec. 110-83. Reserved.
Sec. 110-84. Severability.
Sec. 110-85. Enforcement and penalty.
Ordinance No. 2004-3
Sec. 110-86. Effective date.
-
ARTICLE I.
IN GENERAL
Sees. 110-1--110-62. Reserved.
ARTICLE II.
OPERA TION AND BUSINESS REGULATIONS
See. 110-63. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Business license means the license required of all persons, firms or corporations
engaged in business in the city.
-
Chauffeur means, for purposes of this article, any person with a state driver's
license who meets the qualifications as prescribed in a.c.G.A. ~ 46-7-85.10 and who is
authorized by the public service commission to drive a sedan.
Director means the police chief.
Dispatcher means a person assigned to a base of operations, in contact with
taxicabs of the licensee's company having access to a telephone to talk with passengers or
place phone calls in the event of an emergency.
Domicile means the place where the corporate establishment is maintained, its
principal place of business.
Licensee means a person, firm, partnership, corporation or other entity licensed by
the city business license office to engage in the vehicle for hire business.
Limousine means any motor vehicle that meets the manufacturer's specifications
for luxury limousine with a designed seating capacity for no more than ten passengers
with a minimum of five seats located behind the operator of the vehicle, and which does
not have a door at the rear of the vehicle designed to allow passenger entry or exit;
further, no vehicle shall be permitted to be operated both as a taxicab and as a limousine.
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2
Ordinance No. 2004-3
Limousines and limousine carriers shall be fully regulated by the state under the public
. . .
serVIce commIssIOn.
-
Motor vehicle safety standards means standards promulgated by the police
department for approval by the governing authority that all vehicles for hire regulated
under this article must meet.
Operator's permit means the written authority granted by the police department to
persons who qualify to operate vehicles for hire. Sometimes referred to as driver's permit.
Permittee means a person granted a permit to operate vehicles for hire in the city.
Sedan means any luxury or nonluxury sedan or town car type vehicle which has a
seating capacity of not more than five passengers and the driver and which does not
contain a taximeter designed to measure electronically or mechanically the distance
traveled or time.
Sedan carrier means any person, firm, partnership, corporation, company,
association or joint-stock association operating a service regularly rendered to the public
by furnishing transportation as a motor common carrier for hire, not over fixed routes, by
means of sedans driven by chauffeurs on the basis of telephone contract, written contract
or other prearrangement.
-
Taxicab means a motor vehicle used as a public conveyance which does not meet
the requirements of a limousine, is not a van, minibus or sedan, has a taximeter and is
subject to the rules and regulations of this article, and in which the number of persons
carried does not exceed the manufacturer's specifications for number of passengers for
which the car was designed, with the driver counted as one such person.
Taxicab stand means any area on privately owned property which is approved and
designated for the parking, stopping or standing of taxicabs by the property owner or
person lawfully responsible for the property for the purpose of accepting or soliciting any
consideration, charge or fee in exchange for transportation by or other use of the taxicabs.
Such designation must be made in writing granting express authority to the licensee to
operate from or within a taxicab stand by the property owner or person responsible for
the property and kept on file at the business license office for each current year of the
designation. Such area must be zoned for such use by the zoning ordinances of the city
and must be approved for such use in the application submitted to the city.
Valid complaint means a complaint against an operator or business to the business
license office where the complainant provides his or her name, address and substance of
complaint, and expresses a willingness to attend any hearing regarding his/her complaint.
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Van means any motor vehicle, other than a limousine, extended limousine,
minibus or a sedan with a designed seating capacity for no more than 15 passengers,
including the driver.
3
Ordinance No. 2004-3
Vehicle for hire means any motor vehicle designed or used for the purpose of
transporting passengers for consideration or charges which are determined by agreement,
contract, mileage or by the length of time the vehicle is used. Such term does not include
vehicles regulated by the state public service commission. For the purposes of this article,
vehicles for hire shall mean taxicabs and sedans.
-
Vehicle permit sticker means the sticker issued to licensee upon proof of
insurance and verification of compliance with city vehicle mechanical safety standards to
be placed on each vehicle for hire operated under this article and renewed annually.
Sec. 110-64. Engaged in business of vehicles for hire defined.
Engaged in business of vehicles for hire means any person, firm or corporation
who has an office within The City of Smyrna and within the city engages in picking up
passengers and accepting or soliciting any consideration, charge or fee, which is
determined by an agreement, by mileage, by the length of time the vehicle is used or by
contract for the use of any motor vehicle or other vehicle designed or used for the
purpose of transporting.
Sec. 110-64.1. Sedan carriers and chauffeurs.
(a) The following provisions of this article shall not apply to sedan carriers:
(1)
Section 110-65(c)(4) regarding a copy of the rate schedule and operation
hours.
-
(2) Section 110-65 (c)(8) regarding dispatcher's address and operating hours.
(3) Section 110-67(l)a. regarding submitting a company logo and/or
identification color scheme.
(4) Section 110-73(a), (b) and (c) regarding vehicle markings and rates.
(5) Section 110-74(c) regarding the prominent display of the telephone
number of the business license office.
(6) Section 110-81 (a) regarding the first sentence pertaining to notification of
a dispatcher concerning personal property left behind.
(7) Section 110-82(a), second sentence, regarding display of the business
license office telephone number.
(b) The following provisions shall not apply to a chauffeur if such chauffeur
can show he/she has provided substantially the same information to the public service
commission within the last 12 months:
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4
Ordinance No. 2004-3
(1) Section 110-65(c) regarding submitting to a police clearance consisting of
a background investigation and/or fingerprinting.
-
(2) Section IIO-70(c) regarding submitting to a police clearance consisting of
a background investigation and/or fingerprinting.
(c) All other provisions of this article shall remain in full force and effect with
regard to sedan carriers and chauffeurs.
Sec. 110-65. License requirements generally.
-
(a) No person, firm, partnership, corporation or other entity shall engage in
the business of operating vehicles for hire, except limousines, in the city without first
having been issued a business license. Limousine carriers and other vehicles not
regulated by this article but engaged in the business of vehicles for hire which are
domiciled within the city must be issued a business license and pay business license fees
including a nonrefundable application fee. A business license shall be granted by the
supervisor of the business license office if the application meets all the legal requirements
of this article and the police department provides a clearance consistent with the
requirements of this article. If the application does not meet all the legal requirements of
this article or the police department does not provide a clearance on the application, it
shall be denied by the supervisor of the business license office. Any decision of the
supervisor of the business license office shall be final unless an appeal is filed by any
aggrieved party within ten days of the date of notice to the applicant regarding denial of
the application. This appeal shall be to the full mayor and council.
(b) The license must be posted in public view at the license location.
(c) In order to secure a business license to operate a taxicab service or as a
sedan carrier, an applicant must provide information showing its qualifications on a form
provided by the business license office of the city, must provide information requested by
the police department and must submit to a police clearance consisting of a background
investigation and/or fingerprinting. If the applicant is other than a sole proprietor, all
partners, officers, managers and stockholders holding a 20 percent or more interest in the
company shall be subject to the provisions of this section. An applicant must:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States or an alien admitted for permanent
residence or a person who has otherwise been granted employment
authorization by the United States Immigration and Naturalization
Service;
(3)
a.
Not have been convicted, plead guilty, plead nolo contendere or
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5
Ordinance No. 2004-3
been on probation or parole for a period of five years previous to the date
of application for the violation of any of the following criminal offenses of the
state or any other state or of the United States: Criminal homicide; rape;
aggravated battery; mayhem; burglary; aggravated assault; kidnapping; robbery;
child molestation; any sex-related offense; driving a motor vehicle while under
the influence of intoxicating beverages or drugs; leaving the scene of an accident;
criminal solicitation to commit any of these listed offenses; attempts to commit
any of these listed offenses; any felony in the commission of which a motor
vehicle was used; perjury or false swearing; any crime of violence or theft, or
possession, sale or distribution of narcotic drugs, barbituric acid derivatives or
central nervous system stimulants, any felony, any misdemeanor involving moral
turpitude; provided, however, that all applicants shall be entitled to the full
benefits of article 3 of chapter 8 of title 42, O.c.G.A., relating to first offender
status;
-
b. If at the time of application the applicant is charged with any of the
offenses described in paragraph (c) (3) a. of this Section,
consideration of the application shall be suspended until a final
resolution of the charges.
(4) Provide a copy of the rate schedule and the daily hours of operation;
(5)
Provide the name, address and telephone number of a responsible
individual who is a full-time employee in a management position ofthe
applicant residing [in] the city who will be the registered agent for the
purpose of serving of process;
-
(6) Provide proof of insurance pursuant to section 110-66 of this article;
(7) Provide information and verification pursuant to section 110-67 of this
article;
(8) Provide the address of an office staffed by company agents or employees,
including a dispatcher, that will be open between the hours of 7:00 a.m.
and 7:00 p.m., and during any additional hours that any vehicle for hire
associated with that company is being operated.
(9) All taxicab companies and vehicle for hire companies based within the
Smyrna City Limits shall submit to the city business license division a list
containing each make, model, separate vehicle number, vehicle
identification number, tag number, and insurance for each taxicab or
vehicle.
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6
Ordinance No. 2004-3
(d) All licenses obtained through the business license office of the city for
taxicab companies or other entities shall not be transferable.
...
Sec. 110-66. Insurance required for license.
(a) An applicant for a business license to operate a taxicab service or as a
sedan carrier shall provide with the application proof of motor vehicle insurance
indicating the vehicle(s) as a vehicle(s) to be used as a vehicle for hire, covering public
liability and property damage naming the city as insured under the policy, issued by an
insurer approved by the state and in the applicant's name, in the following amounts per
vehicle:
(1) $25,000.00 per death or bodily injury per person;
(2) $50,000.00 per death or bodily injury per occurrence;
(3) $25,000.00 personal property damage.
-
Should the state law which requires motor vehicle liability minimum insurance
coverage as evidence of security for bodily injury and property damage liability
(O.c.G.A. chapter 9 of title 40; the "Motor Vehicle Safety Responsibility Act") be
changed to require greater minimums in any category of liability listed above, the
minimum amounts listed herein shall be automatically amended to require such
amount(s) upon the effective date of such legislation with no additional notice to the
public and no formal action required by the governing authority. Additionally, should
there be enacted at any time laws affecting insurance requirements of vehicles for hire
particularly, this article will automatically incorporate such requirements with no
additional notice to the public and no formal action required by the governing authority.
(b) All persons, firms, partnerships, companies or other entities licensed to
operate a taxicab service or as a sedan carrier in the city as of the date of adoption of this
article shall be entitled to continue doing business provided such person or entity submits
to the business license office of the city proof of current insurance in the manner and
amounts described above and verification pursuant to section 110-68 of this article on or
before the effective date of this article.
(c) Proof of insurance must be submitted in accordance with the term of the
individual policy, but in any event at least on an annual basis showing proof of insurance
for the subsequent year. Such proof may be made by:
(1)
By providing a verified statement from a licensed insurance agent or
licensed insurance company within this state setting forth the identity of
the vehicle(s) for which coverage has been procured (by vehicle
identification number, make and model), the amount of coverage afforded
to each such vehicle, indication that the vehicle is being operated as a
taxicab and the term for which such coverage has been prepared by the
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7
Ordinance No. 2004-3
licensed company or entity.
(2)
Reserved.
-
(d) Before the policy is cancelled for nonpayment of premium or other cause,
notice thereof shall be given by the insurance company in writing to the business license
office of the city at least 30 days before the policy lapses.
(e) A licensee shall report any additional vehicles to be operated pursuant to
this article to the business license office and shall provide proof of insurance on such
vehicle(s) pursuant to this section.
Sec. 110-67. Vehicle permit stickers with license.
A business duly licensed to operate a taxicab service or as a sedan carrier pursuant
to this article will be issued, at the time of licensing or at the time of providing proof of
insurance as required by section 11 0-66(b) of this article, vehicle permitting stickers for
each vehicle owned, leased or operated by such business, pursuant to the following
conditions:
(1) The applicant or licensee must:
a.
List all vehicles to be operated in the business indicating their
make, model, year, VIN, tag number and color on a form to be
provided by the business license office. Each company shall
submit a company logo and/or identification/color scheme which
shall not be the same or similar to any other company. The logo
and/or identification/color scheme shall be approved by the
business license office.
-
b. Execute a verification statement concerning the mechanical safety
of each vehicle listed subsection (1 )a. above pursuant to section
110-68 of this article.
c. Provide proof of insurance for each vehicle listed in subsection
(l)a. above as set forth in section 110-66 along with vehicle
registration, both of which must be in the applicant's name.
d. Pays a fee for vehicle permit sticker.
(2) Stickers must at all times be displayed on the passenger's rear side window
and in the front windshield, bottom right-hand corner for sedan carriers.
Each vehicle will be assigned a numbered sticker and that sticker may not
be used on any other vehicle.
(3)
No vehicle permit sticker issued under this article may be leased,
-
8
-
(4)
(5)
(6)
-
Ordinance No. 2004-3
subleased, assigned or otherwise transferred. No vehicle to which a permit
sticker is affixed may be leased, subleased or otherwise assigned for the
purpose of operating a taxicab service or as a sedan carrier under this
article.
A licensee shall report any additional vehicles to be operated pursuant to
this article and shall provide all information necessary and pay all fees
required to obtain additional vehicle permit stickers.
A fee schedule for vehicle permit stickers will be recommended by the
supervisor of the business license office and approved from time to time
by the governing authority. Such schedule will be on file with the clerk of
the city, the business license office and the police department. It shall be
the responsibility of the licensee to renew vehicle permit stickers annually.
Any licensee who fails to timely renew its vehicle permit and pay such fee
when due shall pay, in addition to such fee, a separate penalty equal to ten
percent of the permit sticker fee for each period of 30 days, or portion
thereof, following the due date. To be considered a city business for
purposes of determining vehicle sticker permit fees, a business must have
or operate out of one or more offices within the city. A post office box will
not constitute an office.
If a business license is suspended for any length of time, all vehicle permit
stickers associated with such license shall be null and void for the period
of the suspension only. If the suspension is in effect on the annual renewal
date of the business license or on the annual renewal date of the vehicle
permit sticker, then immediately upon the suspension ending, such person
or entity shall renew its license and vehicle permit sticker(s).
Sec. 110-68. Vehicle safety standards; verification.
(a) Each person, firm, partnership, company or other entity operating a
taxicab service or as a sedan carrier shall maintain each vehicle thus operated in a good,
safe and serviceable mechanical condition.
(b) The police department shall recommend minimum motor vehicle safety
standards for approval by the governing authority. These standards will be filed with the
clerk of the city, the business license office and the police department. All persons or
entities operating, owning or leasing vehicles for hire shall be presumed to have
knowledge of such standards. All vehicles for hire operating on the roads and streets of
the city will be required to maintain their motor vehicles in compliance with such
standards. A verification statement that the motor vehicles to be used in the business meet
or exceed the requirements and standards approved by the governing authority shall be
required and shall be submitted to the business license office in such form as the business
license office shall require before vehicle permit stickers may be issued. Such verification
must be signed by a technician at a location properly licensed to do business and also
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9
Ordinance No. 2004-3
executed by the sole proprietor, named partner or president or CEO of a corporation.
(c) Vehicles shall be subject to random inspections at any time by the police
department or the business license office. A vehicle found to be substandard shall be
removed from service immediately and will remain removed from service until adequate
proof is provided to the police chief or his designee or the supervisor of the business
license office that the vehicle is compliant with the standards approved by the city. Proof
that a vehicle has been brought into compliance with the standards shall not affect the
ability to assess any and all civil or criminal penalties or actions against the business or
driver for violation of this Code.
-
Sec. 110-69. Denial, suspension and revocation of business license; hearing.
(a) A business license or an application for a business license under this
article may be denied, suspended or revoked for due cause as defined in subsection (c)
hereof.
(b) A business license previously issued by this city may be revoked only
after a hearing before the governing authority on a prior written notice to the licensee
setting forth the time, place and purpose of such hearing and a statement of the reason
why the license would be revoked. Unless the circumstances justify otherwise, three days'
notice shall be deemed reasonable, but shorter or longer periods of notice shall be
authorized as the governing authority may deem the circumstances justify. The hearing
shall be held no later than 30 days after the supervisor notifies licensee of a hearing
before the governing authority. After a hearing, if the governing authority determines due
cause to exist, the governing authority may suspend, revoke or place on probation for a
maximum of 12 months, with or without conditions, the license or licensee.
-
(c) A business license may be denied, suspended or revoked for any of the
following reasons:
(1) Where the applicant furnishes fraudulent or untruthful information or
omits information requested in the application for a business license.
(2) For failure to pay all fees, taxes, penalties or other charges imposed by the
provisions of this article, and of the City Code, and as they may be
amended.
(3) F or failure to have or maintain all of the general qualifications applicable
to the initial issuance of a license.
(4) F or violation of any part of this article by the licensee, its agents, partners,
officers, employees or contractors.
(5) Allowing the required insurance coverage to lapse.
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Ordinance No. 2004-3
(6) Allowing taxicabs to operate [within] the city that do not meet the
requirements and standards adopted by the governing authority pursuant to
section 110-68 of this article.
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(7) Violation of any provisions contained in paragraph (c) of section 110-81
of this article.
(8) Three valid violation complaints received and substantiated pursuant to
section 110-82 of this
article.
(d) Licensees under this article are responsible for violations of this article by
their vehicle operators whether such operators are direct employees or independent
contractors.
Sec. 110-70. Regulation of drivers of vehicles for hire.
(a) No person shall operate a taxicab or sedan without an operator's permit
issued by the police department. No business licensed to operate a taxicab service or as a
sedan carrier shall employ any driver who has not been issued an operator's permit.
(b) Operator's permits shall not be issued to any driver not employed by or
representing a licensed company. Proof of employment or representation shall be
presented upon application of a permit.
...
(c) An applicant for a permit must furnish information requested on a form to
be provided by the police department and submit to a police clearance consisting of a
background investigation and/or fingerprinting. Operator permit applicants must meet the
following requirements:
(1) Be at least 21 years of age; provided, however, any driver between the age
of 18 and 21 who was operating a taxicab on or before the effective date
of this article shall not be subject to this age provision.
(2) Be a citizen of the United States or an alien admitted for permanent
residence or a person who has otherwise been granted employment
authorization by the United States Immigration and Naturalization
Service.
(3) Possess a current, valid state driver's license, which must not be limited as
defined in a.c.G.A. ~~ 40-5-58 and 40-5-64.
(4)
Exhibit a proficiency with the English language so as to be able to
comprehend and interpret traffic signs, read a map in order to find streets,
issue written receipts to passengers and obey lawful orders of police and
others in lawful authority.
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(5)
Ordinance No. 2004-3
a.
Not have been convicted, plead guilty, plead nolo contendere or
been on probation or parole for a period of five years previous to
the date of application for the violation of any of the following
criminal offenses of the state or any other state or of the
United States: Criminal homicide; rape; aggravated battery;
mayhem; burglary; aggravated assault; kidnapping; robbery; child
molestation; any sex-related offense; driving a motor vehicle while
under the influence of intoxicating beverages or drugs; leaving the
scene of an accident; criminal solicitation to commit any of these
listed offenses; attempts to commit any of these listed offenses;
any felony in the commission of which a motor vehicle was used;
perjury or false swearing; any crime of violence or theft, or
possession, sale or distribution of narcotic drugs, barbituric acid
derivatives or central nervous system stimulants, any felony; any
misdemeanor involving moral turpitude; provided, however, that
all applicants shall be entitled to the full benefits of article 3 of
chapter 8 of title 42, O.C.G.A., relating to first offender status.
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b. If at the time of application the applicant is charged with any of the
offenses prescribed in subparagraph a. of this paragraph,
consideration of the application shall be suspended until entry of a
plea or verdict or dismissal.
(d) All operator permits automatically expire two years from the date they are
issued. It shall be the responsibility of the operator to renew his/her permit and pay the
applicable fee.
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(e) Drivers are responsible for reporting any change in qualifications or status
from information previously supplied to the police department within ten days of such
change.
(f) Operator permits must be posted on the dash or sun visor of the vehicle
being driven so that it is visible from the passenger area. Drivers of sedans must have
their operator's permits in their possession and they must be visible to passengers.
Licensees under this article are responsible for checking to ensure that each driver has a
current operator's permit in his or her possession and that such permit is posted on the
dash or sun visor of the vehicle being operated.
(g) A schedule of operator permit fees, as adopted from time to time by the
governing authority, shall be posted in the offices of the clerk of the city and the police
department. Any permittee who fails to timely renew his or her permit and fails to pay
such fee when due shall pay, in addition to such fee, a separate penalty equal to ten
percent of the required fee, for each period of 30 days, or portion thereof, following the
due date. If the fees adopted from time to time by the governing authority provide for
different fees for city drivers/operators than for non-city drivers/operators, to be
considered a city driver/operator and pay fees associated therewith, a driver must have or
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12
Ordinance No. 2004-3
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operate out of one or more offices in the unincorporated part of the city; a post office box
will not constitute an office. Proof of a current lease, if applicable, for the company
premises, an affidavit as to ownership or occupancy or proof of association with a city
licensee must be submitted to the police department upon request.
Sec. 110-71. Denial, suspension, revocation of operator's permits; hearing.
(a) An operator's permit or an application for an operator's permit under this
article may be denied, suspended or revoked for due cause as defined in subsection (d)
hereof. An operator's permit shall be granted by the police chief or his designee if the
application meets all the legal requirements of this article and the police department
provides a clearance consistent with the provisions of this article. If the application does
not meet all the legal requirements of this article or the police department does not
provide a clearance on the application, it shall not be granted by the police chief or his
designee. Any decision of the police chief or his designee shall be final unless an appeal
is filed by any aggrieved party within ten days from the date of notice to the applicant
regarding denial of the application. The appeal shall be to the police committee of the
governing body.
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(b) The police chief or his designee may suspend or revoke an operator's
permit for due cause as defined in subsection (d) hereof. The suspension or revocation
may be appealed in writing to the police committee of the governing body and the
committee will hold a hearing within 30 days of the date the appeal is received. A notice
shall be sent to the permittee setting forth the time, place and purpose of the meeting.
After the hearing, the police committee may affirm the decision of the police chief to
suspend or revoke the permit, or place on probation for a maximum of 12 months, with or
without the conditions, the permit or operator. If the decision of the police chief is
disaffirmed, the permit shall be returned to the permittee immediately.
(c) The decision of the police committee shall be final unless appealed to the
full mayor and council.
(d) An operator's permit may be denied, suspended or revoked for any of the
following reasons:
(1) For violation of any part of this article.
(2) Where the applicant furnishes fraudulent or untruthful information or
omits information requested in the application for a permit.
(3) For failure to pay any fees imposed by the provisions of this article.
(4) For failure to maintain all the general qualifications applicable to the
initial issuance of a driver's permit.
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(5)
Having four or more moving traffic violations in any 12-month period.
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Ordinance No. 2004-3
(6) Refusing to accept a passenger solely on the basis of race, color, national
origin or religious belief.
(7)
Operating a vehicle with knowledge, actual or implied, that the required
insurance coverage is not current or has lapsed.
--
(8) For operating a vehicle in a manner which threatens a passenger or anyone
else.
(9) For operating a vehicle the driver knows or should know is not in
compliance with the motor vehicle safety standards approved by the
governing authority.
(10) The permit applicant, during the 12-month period next preceding the filing
of his application, has suffered a revocation of his operator's permit.
(11) A complaint is received pursuant to section 110-82 of this article and
determined to be valid by the license review board.
(e) Notwithstanding any of the provisions in this section, any permits issued
through administrative error or an error in the completion of a background investigation
may be terminated by the police chief or his designee.
Sec. 110-72. Previous denial or revocation of business license or operator's permit.
-
All persons or entities that have had their business license or operator's permit
revoked must reapply for a license or permit. No license or operator's permit shall be
issued to an applicant if within 12 months immediately preceding the filing of the
application the applicant for a license, operator's permit or renewal has had an application
denied or a license or operator's permit revoked.
Sec. 110-73. Vehicle markings; rates.
(a) Each taxicab shall plainly and prominently advertise the name and
telephone number of the person, firm or corporation that holds the business license to
operate the vehicle. Such advertisement shall be permanently affixed to both sides of the
vehicle in a manner that prohibits the transfer of the advertisement from one vehicle to
another.
(b) A schedule of rates and hours of operation shall be marked on the side of
the taxicab so as to be plainly visible to persons seeking to engage such vehicle for hire
and shall be posted inside the vehicle and shall be filed with the business license office by
the licensee.
(c) Each taxicab shall have a taxi roof light mounted on the roof of the
vehicle. Such roof light shall have a lighting system functional for nighttime operation.
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Ordinance No. 2004-3
Sec. 110-74. Interior requirements of vehicles for hire.
..
(a) The interior of each vehicle for hire, including the trunk, shall be
maintained in a clean condition, free of foreign matter and offensive odors. There shall be
no litter in the vehicle or trunk and the seats shall be kept clean and without holes or large
wear spots.
(b) All vehicles for hire shall present a clean environment for passengers.
(c) The telephone number of the business license office shall be prominently
displayed within the taxicab designating such number as the number to call when filing
complaints.
(d) Permittees and licensees shall be responsible for compliance with this
section.
(e) The police chief or supervisor of the business license office may conduct
inspections of the interior without notice to ensure compliance.
Sec. 110-75. Parking oftaxicabs.
-
The driver of a taxicab shall not park on any street in any business district at any
place other than at a taxicab stand, except that this provision shall not prevent the driver
of such vehicle from temporarily stopping in accordance with other stopping or parking
regulations at any place for the purpose of and while actually engaged in loading and
unloading passengers, and from making emergency repairs.
Sec. 110-76. Daily dispatch log sheets.
In order to maintain a license to operate a vehicle for hire service, a licensee must
maintain daily dispatch log sheets, which shall be kept on file at the licensed business
premises for a minimum of one year. Dispatch log sheets shall indicate all passengers
carried, the time, place of entry and destination of each passenger, the amount charged
and an itemization of any personal property left in the vehicle for hire.
Sec. 110-77. Cruising.
Operators of taxicabs are prohibited from "cruising." Cruising is defined as
moving about the streets of the city or any private property for the purpose of picking up
and transporting passengers who have not previously requested such service by telephone
or by personal command. Licensees under this article are responsible for ensuring that no
driver participates in cruising.
Sec. 110-78. Call jumping.
-
Licensees under this article shall not participate in nor allow their drivers to
15
Ordinance No. 2004-3
practice call jumping or the act of intercepting a passenger who has requested service
from another company.
Sec. 110-79. Appearance and hygiene of drivers.
--
Drivers of vehicles for hire must practice good personal hygiene and wear proper
dress while operating a vehicle for hire. Proper dress shall mean the wearing of shoes,
ankle-length pants, a shirt or blouse with sleeves and collar. Clothing must be clean and
not visibly soiled.
Sec. 110-80. Audits.
Each person, firm or company licensed to do business under the provisions of this
article and City Code, including limousine carriers, shall be subject to audit by the city.
The city may conduct such audit at reasonable times and with prior notice to the licensee.
Sec. 110-81. Drivers' duties and responsibilities.
(a) Drivers of taxicabs shall notify their dispatcher of any personal property
left in the vehicle for hire and such property shall be noted on the daily dispatch log
sheets, Within 24 hours of discovery of any personal property left by a passenger, a
driver shall forward such property to the police department or to its company's
headquarters. Licensees shall maintain an accurate log of all private property held by
them and the names of all persons claiming and receiving such property for a minimum
of one year.
-
(b) A driver shall take the most direct route to a passenger's destination unless
otherwise authorized or directed by the passenger.
(c) It shall be unlawful for any driver of a vehicle for hire who is not
permitted and for any person or entity which is not licensed to solicit or engage
passengers within the city.
(d) No driver shall refuse to accept a passenger unless the passenger is
obviously intoxicated or dangerous.
(e) No driver shall refuse to accept a passenger solely on the basis ofrace,
color, national origin or religious belief.
(f) No driver shall be permitted to carry nonpaying passengers in a taxicab
while transporting a paying passenger or passengers except for the purpose of driver
training.
(g) It shall be unlawful for a driver to operate his vehicle in a manner which
threatens a passenger or anyone else, or to threaten or otherwise abuse a passenger.
...
16
Ordinance No. 2004-3
~
(h) It shall be unlawful for a driver to discharge any passenger before reaching
the passenger's destination unless the driver has a reasonable belief that the passenger is
dangerous, or unless street or area conditions do not permit a safe discharge to either the
passenger or driver.
(i) No television sets may be operated on the front seat on which the driver
sits inside of a moving vehicle.
(j) It shall be unlawful for drivers to drive, or for companies or other entities
to allow to be driven, any vehicle for hire which does not have a valid inspection sticker,
is not validly insured or, if a taxicab, has an unsealed or improperly working taxi fare
meter.
(k) Persons or other entities operating a taxicab service or as a sedan carrier
shall be prohibited from allowing such vehicles to be operated by persons not holding
valid operator permits.
(1) Drivers shall not be required to carry more than $15.00 in change.
(m) Upon request of a passenger of a taxicab, drivers shall give receipts
showing the amount of fare paid, name of company, license number, number of
passengers, location of trip, origination and location of trip termination. Upon request of
a passenger of a sedan carrier, drivers of sedans shall give receipts showing the amount
paid.
...
Sec. 110-82. Complaints; records.
(a) The business license office shall be responsible for receiving complaints
concerning the operation of vehicles for hire in the city. The telephone number of the
business license office shall be prominently displayed outside and inside the taxicab and
shall designate such number as the number to call for filing complaints.
(b) The business license office shall maintain true and accurate records of the
names and identification numbers of each driver permitted to drive vehicles for hire and
each business licensed to operate a taxicab service or as a sedan carrier, together with
other requirements of this article, and shall maintain a log of all complaints for each
operator and licensee.
Sec. 110-83. Reserved.
Sec. 110-84. Severability.
-
The sections, paragraphs, sentences, clauses and phrases of this article are
severable; and if any phrase, clause, sentence, paragraph or section of this article shall be
declared unconstitutional or unreasonable and thus void by the valid judgment or decree
of any court of competent jurisdiction, that unconstitutionality or declaration of
17
Ordinance No. 2004-3
unreasonableness shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this article, since they would have been enacted without the
unconstitutional or unreasonable phrase, clause, sentence, paragraph or section.
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Sec. 110-85. Enforcement and penalty.
(a) The police department, city marshalls and the business license office shall
enforce the regulations contained in this article.
(b) Violations of the provisions of this article shall be punished as provided in
section 1-8 in the Smyrna ordinances. Each separate occurrence shall be deemed a
separate offense.
(c) The violation of the provisions of this article by any person, corporation,
partnership or other entity, whether a licensee or permittee may be enjoined by instituting
appropriate proceedings for injunctions in the courts of competent jurisdiction in this
state. Such actions may be maintained notwithstanding that other adequate remedies at
law exist. Such actions may be instituted in the name of the governing authority of the
city.
(d) Violations of any provision of this article by any licensee or permittee
shall be due cause for revocation of any city business license, and/or permit, after notice
and hearing as provided herein.
(e)
The above remedies are cumulative to each other.
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Sec. 110-86. Effective date.
This article shall take effect three months from the date of its adoption by the
governing authority. All businesses currently licensed to operate vehicles for hire in the
city must be in compliance with this article by the effective date.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
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18
Ordinance No. 2004-3
...
Approved by Mayor and Council this 20th day of January, 2004.
/d~
Attest:
A. Max Bacon, Mayor
~Q.~
Susan D. Hiott, City Clerk
City of Smyrna
AJ:;rm __
Scott A. Cochran, City Attorney
City of Smyrna
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