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08-21-2006 August 21, 2006 August 21, 2006 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Council Member Pritchett. Also present were City Administrator Wayne Wright, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Assistant City Administrator Eric Taylor, Fire Chief Jason Lanyon, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Relations Director Jennifer Bennett, Finance Director David Boyd and representatives of the press. Invocation was given by Reverend Larry E Reid from Redemption Life Fellowship, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item #4 A (Public Hearing - Rezoning Request Z06-032 - R-15 to RAD Conditional - 4.3 acre tract - North Cooper Lake Road - Affinity Property Holdings, LLC) has been withdrawn. *MOTION: Council Member Scoggins made a motion to suspend the rules to add an item to the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 6-0. .. *MOTION: Council Member Wood made a motion to add Approval afacquisition of a road grid on the Belmont Hills parcel as shown in Appendix A by any lawful means necessary to the consent agenda as item# 8 D. The motion was seconded by Council Member Smith. Motion was approved 6 - O. MAYOR'S REPORT: Mayor Bacon recognized Ms. Page Pushkin from the Cobb Literacy Council, and Council Member McNabb read a Proclamation for Cobb Literacy Month for those present. Mayor Bacon recognized Pastor Elijah Jones, and Council Member Scoggins read a Proclamation in Recognition of Pastor Elijah Jones, Sr. to those present. Pastor Jones thanked the City staff and officials for their cooperation over the years. LAND ISSUES/ZONINGS/ANNEXA TIONS: (A) Public Hearing - Rezoning Request Z06-032 - R-15 to RAD Conditional - 4.3 acre tract - North Cooper Lake Road - Affinity Property Holdings, LLC Mayor Bacon stated this rezoning request has been withdrawn. (B) Public Hearing - Rezoning Request Z06-036 - General Commercial (GC) to RAD Conditional - 3.35 acre tract - South Cobb Drive near King Springs Road - Circle W Construction Company, Inc. - Mr. Wright stated the applicant is requesting approval for rezoning for construction of 20 townhouses at a density of 5.97 units per acre. Mr. Wright stated the rezoning will entail a August 21, 2006 2 corresponding land use change from community activity center to medium density residential. Mr. Wright stated the Planning and Zoning Board (PZB) has approved the request, and that staff also supports the request subject to a number of conditions. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Garvis Sams, an attorney representing Circle W Construction Company, Inc. (CWC). Mr. Sams provided details to those present concerning the applicant's plans for the subject property. Mr. Sams stated the proposed townhouses will have selling prices ranging from over $300,000 to over $400,000 each. Mr. Sams stated the townhouses will comprise between 1,800 s.f. to 2,300 s.f. each. Mr. Sams stated the townhouses will be designed to appeal to the active adult demographic segment, and will be equipped with elevators with an uninterrupted power supply. Mr. Sams stated a third party management company will oversee the operations of the community's mandatory homeowners association (HOA). Mr. Sams provided details to those present concerning various design elements and amenities planned for this development. Council Member Lnenicka asked if CWC is agreeable to the list of 13 standard conditions identified by staff as applicable to this rezoning, and Mr. Sams answered in the affirmative. Council Member Lnenicka read the special conditions of this rezoning request into the record as follows: Special Conditions 14. The development shall maintain the following setbacks: Exterior - 35' Interior - 10' from back of curb Front to Front - 50' Side to Side - 15' Side to Rear - 30' Rear to Rear - 115' - 15. A 10' landscape strip shall be provided and maintained along the eastern and northern property lines. 16. Driveway - 22' minimum length from building face to edge of alley pavement. Each townhouse unit shall have a two-car garage. Alternatively, the master covenants must prevent the use of any driveways for the purpose of parking as they will not be long enough to accommodate a parked vehicle. 17 Units shall be primarily marketed to those persons age 55 and older as defined by the Fair Housing Act as may be amended from time to time. 18. The development should incorporate applicable accessibility and "easy living" standards (as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia) to include at least one full bath with ample maneuvering space, and one stepless entrance at either the front of the home or through the garage. Each unit will be built to incorporate an elevator with an uninterrupted power source. - August 2\, 2006 3 19. Each unit must be protected by a fire sprinkler system. 20. The mandatory homeowners association must include rules that regulate and control the following: - Each unit shall have a two-car garage. Garages are restricted to vehicle parking only. · No more than 10% of the total units may be leased by individual owners at a time and for no term less than one year in duration. 21. Elevations shall be provided to the staff for approval of the community structure proposed for the subdivision. 22. The streets in the development shall have asphalt paved surface at least 20' in width to accommodate emergency vehicles. However, to the extent that it is necessary to do so during the Plan Review process, the City's professional staff shall have the latitude to grant administrative variances concerning setback and buffer issues, No parking in the streets will be allowed in order to ensure unimpeded movement of emergency vehicles within the development. Mr. Sams stated CWC is agreeable to the special conditions of this rezoning request. - Council Member Lnenicka provided details to those present concerning a proposal to build a motel on the subject property which was presented to, and declined by, the city council many years ago. Council Member Lnenicka stated the desirable project proposed by CWC has been made possible by the foresight and judgment exercised by the city council in denying the request to build a motel on the subject property. Council Member Lnenicka stated the demand for housing designed for mature occupants continues to be strong. MOTION: Council Member Lnenicka made a motion to approve Rezoning Request Z06-036 from General Commercial (GC) to RAD Conditional for a 3,35 acre tract on South Cobb Drive near King Springs Road for Circle W Construction Company, Inc. subject to stipulations agreed upon by the applicant as discussed and presented at this meeting. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (C) Public Hearing - Rezoning Request Z06-037 - R-15 to RAD Conditional - 1.321 acre tract - Sherwood Road near North Cooper Lake Road - Locke, Inc. Mayor Bacon recognized Mr. Ryan Locke representing Locke, Inc. (LI). - Mr. Wright stated the applicant is seeking approval to rezone a 1.321 acre property from R-15 to RAD Conditional to build four detached single-family residences. Mr. Wright stated the resulting density would be 3.03 units per acre, and that a land use change from medium to moderate density residential land use (3.0 - 4.5 units per acre) will be necessitated by this rezoning. Mr. Wright stated this rezoning request was heard by the Planning and Zoning Board at their July meeting and was approved. Mr. Wright stated staff recommends approval for four residences with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. August 21, 2006 4 Mr. Locke provided details to those present concerning the design and features of the residential structures planned for the subject property. Mr. Locke stated the houses will range in size from approximately 2,800 s.f. to 3,300 s,f each. Mr. Locke stated external finish materials for the structures will include a combination of fiber cement siding, brick and stone. Council Member McNabb stated the subject property is in a drainage basin area which calls for specific storm water management measures. Council Member McNabb asked Mr. Locke if LI is agreeable to a a special stipulation of rezoning (# 16) requiring a 20% reduction in the rate of storm water runoff on the subject property, and Mr. Locke answered in the affirmative. MOTION: Council Member McNabb made a motion to approve Rezoning Request 206-037 from R-15 to RAD Conditional for a 1.321 acre tract on Sherwood Road near North Cooper Lake Road for Locke, Inc. subject to the applicable standard stipulations and the following special stipu lations: Special Conditions - 11. The development shall maintain the following setbacks: Front-35' Rear - 40' Side -7'6" with a minimum of 15' between buildings Driveway - 22' minimum length 12. Five-foot wide sidewalks shall be constructed along Sherwood Road with the installation of street lamps per approval by the City Engineer. 13. The final plat for the development shall include a right-of-way dedication of 5' along Sherwood Road per the City Engineer. - 14. The final plat for the development shall include a sanitary easement dedication (if not already dedicated) of20' for 321.7' along the west shared property line and 10' for 200' along the north shared property line per the City Engineer. 15. The developer shall create deed covenants for the shared driveways in which the ownership, maintenance, and utilization are the shared responsibility of each homeowner. These covenants must be supplied to the City prior to the issuance of a building permit. 16. Storm water detention measures designed for a 20% reduction in the rate of storm water runoff for a 100-year storm event shall be installed on the subject property. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. (D) Public Hearing - Rezoning Request 206-038 - R-15 to RAD Conditional- .803 acre tract - vicinity of Medlin, Dunton, and Pickens Streets - Gallo Contracting, LLC Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least three people by Mr. Cochran. Mr. Wright stated the applicant is seeking approval to rezone a .803 acre property that will be added to a 2.308 acre property that has previously been rezoned from R-15 to RAD Conditional with a resulting density of 5.143 units per acre. Mr. Wright stated a land use change from --' August 21, 2006 5 - moderate to medium density residential land use (4.51 - 5.99 units per acre) would also be necessary. Mr. Wright stated the rezoning (Z06-003) for ten residences was recommended for approval by the Planning and Zoning Board at its January 9, 2006 meeting. Mr. Wright stated this rezoning was approved at the March 6,2006 council meeting. Mr. Wright stated the Planning and Zoning Board heard the site amendment and rezoning case (Z06-038) at the July 10, 2006 meeting and recommended it for approval. Mr. Wright stated staff recommends approval of the site plan amendment and additional five structures with a number of conditions. Council Member Mcnabb recognized Mr. Jay Greene, representing Gallo Contracting, LLC (GCL). Mr. Greene provided details to those present concerning the plans for the subject property. Mr. Greene stated the additional houses will be similar in design to those approved for the original rezoning in March. Mayor Bacon recognized Mr. Sean Murphy, residing at 1140 McLinden Avenue, and Mr. Murphy commented favorably about this new development. Mr. Murphy requested that three particular mature hardwood trees on the subject property be protected and saved if possible. Council Member McNabb asked Mr. Greene ifGCL will agree to a stipulation to the effect that efforts will be made to cooperate with the City to preserve the three trees identified by Mr. Murphy, and Mr. Greene answered in the affirmative. MOTION: Council Member McNabb made a motion to approve Rezoning Request Z06-038 from R-15 to RAD Conditional for a .803 acre tract in the vicinity of Medlin, Dunton, and Pickens Streets for Gallo Contracting, LLC subject to applicable standard stipulations and the following special stipulations: Special Conditions - ] 5. The development shall maintain the following setbacks: Front - 20' Rear - 20' Side - 5' with a minimum of 15' between buildings Driveway length - 22' Building setbacks shall be calculated from the existing right-of-way. ]6. Five-foot wide sidewalks shall be constructed along Dunton Avenue, Medlin Avenue, and Pickens Street. Developer will cooperate with the City to reroute the sidewalk where necessary to preserve existing trees. ] 7. The final plat for the development shall include a right-of-way dedication of 10' along Dunton Avenue, Medlin Avenue, and Pickens Street per the City Engineer. ] 8. Each home will be a minimum of2,500 s.f. in size and employ four-sided architecture. ] 9. Existing residences shall be secured and demolished within 30 days of the date they are finally vacated 20. Every reasonable effort will be made to cooperate with the City to preserve the three existing mature trees on the site. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. - August 21, 2006 6 PRIVILEGE LICENSE: There were none, - FORMAL BUSINESS: (A) Appointment of member to the Civil Service Board Council Member Lnenicka expressed appreciation to Mr. Charles Perkins for his ten years of service on the Civil Service Board. Council Member Lnenicka provided details to those present concerning the background, qualifications and experience ofMr. George Davis. MOTION: Council Member Lnenicka made a motion to appoint George Davis as the City representative to the Civil Service Board for a two-year term commencing August 16,2006 through August 15,2008, The motion was seconded by Council Member Wood. Motion was approved 6 - O. (B) Appointment of member to the Smyrna Tree Board Council Member Scoggins provided details to those present concerning the background, qualifications and experience ofMr. Kevin Meckes. MOTION: Council Member Scoggins made a motion to appoint Kevin Meckes to the Smyrna Tree Board. The motion was seconded by Council Member Newcomb. Motion was approved 6 -0. (C) Appointment of member to the Downtown Development Authority - Council Member Wood stated this appointment is to fill the unexpired term of the late Mr. C. J. Fouts. MOTION: Council Member Wood made a motion to appoint Sean Murphy to serve the remainder of the current term on the Downtown Development Authority to expire April 3, 2007. The motion was seconded by Council Member Smith. Council Member McNabb commented favorably about Mr. Murphy and the other well-qualified candidates who were considered for this post. Motion was approved 6 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of August 7, 2006 minutes (B) Approval of amendment of the fiscal year 2006 General Fund Budget and adoption of the fiscal year 2006 budget for Special Revenue funds General Fund budget amendments are needed to bring adopted budget inline with actual expenditures. Special Revenue funds budget adoption is needed to conform with requirements of state law. Staff recommends approval of these measures. ... August 2 L 2006 7 (C) Approval of amendment to fiscal year 2007 General Fund Budget to create in- house recycling department On July 5 the council authorized the Public Works Department to purchase three trucks for the purpose of establishing an in-house recycling department. Staff will be hired to operate the vehicles. In-house operations will begin January 2007. Staff recommends approval of this measure. - *(D) Approval of acquisition of a road grid on the Belmont Hills parcel as shown in Appendix A by any lawful means necessary MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 6 - O. COMMITTEE REPORTS: Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. - Council Member McNabb recognized Mr. Seigler, and Mr. Seigler commented favorably about efforts made by Chris Addicks to restore computer service at the Library. Mr. Seigler provided details to those present concerning current use statistics as well as recent and upcoming programs and events at the City Library. Mr. Seigler discussed new resources which will be available at the Library. Mr. Seigler thanked local sponsors including Friends of the Smyrna Library, Kiwanis Golden K, Marble Slab Creamery, Dairy Queen, Smyrna Parks and Recreation, Davis Gift Baskets, Steak n' Shake, Kevin Lightsey, Planet Me and other volunteers for their assistance with a children's summer reading and writing program at the Library. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning updates to the City web site and the upcoming Spice of Life and Football Palooza events. Council Member McNabb recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning current Public Works Department projects. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting Council Member Lnenicka stated that at the last council meeting an individual alleged problems with a development and negative reaction from adjacent residents. Council Member Lnenicka stated he spoke by telephone with the residents who were referred to, and they stated the individual present at the last meeting did not speak for them and that they are not unhappy about the development near them. Council Member Lnenicka stated the residents who were referred to further stated that the individual present at the last meeting was not authorized by them to speak on their behalf. Council Member Lnenicka stated the allegations made by the individual present at the last meeting are unfounded. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present about the upcoming City financial audit. - August 21. 2006 8 Mayor Bacon recognized Chief Lanyon, and Chief Lanyon provided details to those present concerning public safety staffing levels. Chief Lanyon stated the City fire department now has a fire truck which can function as a potable water source, and that Smyrna is the first fire department in Georgia to utilize this type of apparatus. Chief Lanyon stated he believes this type - of potable water equipment will become standard on fire trucks in the future. Council Member Scoggins commended the City fire department for their response to a recent structure fire at Cumberland Valley. Council Member McNabb recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning the recycling schedule for the upcoming holiday. Ms. Kirk stated the jonquils will be available for sale in October. CITIZENS INPUT: Mayor Bacon recognized Pastor L. E. Reid, and Pastor Reid asked the present officials about the acreage required for building an addition to a church building. Pastor Reid was referred to Mr. Wright for additional information. ADJOURNMENT: With no further business, the me ting was adjourned at 9:03 p.m. \: i/';' 1;/' '&:~ ~/1.. ....)1 ' r /. ~. I " \ . ..' j :-l/rl.J ):-J '. (;J,j; <- S AN D. HIOTT, CITY CLERK - A. MAX BACON, MAYOR /) ;/ ~~J~ RON NEWCOMB, WARD 2 , ~.~ ~u~ BIL~dGINS, W 3 , JIMMY D. SMITH, WARD 5 ~A~ CHARLES PETE WOOD, WARD 7 .... August 7, 2006 - 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 ChiefJason Lanyon and representatives ofthe press. Invocation was given by Reverend Larry Reid from Redemption Life Fellowship, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda items 4 A [Public Hearing - Amendment to Chapter 106, Article II of the Zoning Code (trees and vegetation)] and 4B [Public Hearing - Amendment to Section 80 I of the Zoning Code (RAD Conditional development standards)] will be tabled. MAYOR'S REPORT:, Council Member Lnenicka recognized Chief Lanyon and Firefighter Arcelio Davis. Council Member Lnenicka commented favorably about Firefighter Davis' military service and thanked him for hiS-service to the nation. Firefighter Davis thanked everyone for their support during his tour of duty with the National Guard in Iraq. Chief Lanyon thanked Firefighter Davis for the flag he presented to the City fire department, and commented favorably about Firefighter Davis' character and professionalism. - LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Amendment to Chapter 106, Article II of the Zoning Code (trees and vegetation) MOTION: Council Member Newcomb made a motion to table Amendment to Chapter 106, Article II of the Zoning Code regarding trees and vegetation indefinitely. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 7 - O. (B) Public Hearing - Amendment to Section 801 of the Zoning Code (RAD Conditional development standards) MOTION: Council Member Newcomb made a motion to table Amendment to Section 801 of the Zoning Code relating to RAD Conditional development standards indefinitely. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 7 - O. PRIVILEGE LICENSE: (A) Public Hearing - Privilege license request - retail pouring (beer and wine) - Fortunato Foods, Ltd. DBA Fortunato's Pizzeria - 5350 United Drive, Suite 106 - Michael Fortunato, agent applicant ... Mr. Wright stated Mr. Fortunato has completed the responsible alcoholic beverage sales and service class required for new license holders. Mr. Wright stated inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. August 7. 2006 2 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Fortunato, and asked Mr. Fortunato ifhe is familiar with and understands the City's regulations governing alcoholic beverage sales, and Mr. Fortunato answered in the affirmative. - MOTION: Council Member Wood made a motion to approve the privilege license request for retail pouring of beer and wine for Fortunato Foods, Ltd. DBA Fortunato's Pizzeria at 5350 United Drive, Suite 106 for Michael Fortunato as agent. The motion was seconded by Council Member Smith. Motion was approved 7 - O. FORMAL BUSINESS: (A) Adoption of the 2006 tax millage rate for the City of Smyrna Mr. Wright stated the 2005 tax millage rate for Smyrna was 9.57 mils. Mr. Wright stated the proposed 2006 millage rate is 9.17 mils, which is a reduction of.40 mils. Mr. Wright stated this is the sixteenth consecutive year that the millage rate has either stayed the same or was lowered. MOTION: Council Member Wood made a motion to approve the 2006 tax millage rate of9.17 mils. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (B) Approval of name change for apartment complex - 1202 Wexford Hills Parkway Mr. Wright stated the management ofthe Wexford Hills apartments is requesting to change the name ofthe complex to Keeneland Farms. Mr. Wright stated the request has been reviewed by the fire marshal, building inspector and city engineer and that staff recommends approval of the request. - MOTION: Council Member Lnenicka made a motion to approve the name change request for the apartment complex at 1202 Wexford Hills Parkway to Keeneland Farms. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (C) Ordinance amendment - Sec. 2-4, Appointing replacement of suspended official Mr. Wright stated State law provides that officials suspended from duty are to be replaced by the governor unless the municipality has an ordinance or resolution in place that provides otherwise. Mr. Wright stated the proposed ordinance will allow the mayor and council to select replacements for suspended officials. MOTION: Council Member Wood made a motion to approve ordinance 2006-18, Sec. 2-4, Appointing replacement of suspended official. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. - August 7, 2006 3 CONSENT AGENDA: (A) Approval of July 17,2006 minutes - (B) Ratification of letter from the Mayor to the Georgia Department of Public Safety requesting renewal ofthe City of Smyrna's permit for use of speed detection devices by the City police department This letter is required for renewal of permits for use of speed detection devices on approved streets and roadways in the City of Smyrna. (C) Change Order request to provide the Winter Construction Company authority to proceed with added selective demolition work at the Brawner Hospital Building In accordance with council approval at the Committee of the Whole meeting of July 24, provide bond referendum funds earmarked for hospital building renovation to continue demolition work as needed. (D) Approval of change order for engineering services - Concord Road concept and database survey This change order will allow the engineering firm to provide a revised concept for a public hearing and gather all of the data required for engineering design. The City Engineer and our program management firm Croy-MSE recommend approval of this change order with ARCADIS. (E) Approval of change order for engineering services - Campbell Road Bridge Replacement concept and database survey This change order will allow the engineering firm to provide a concept and gather all of the data required for engineering design. The City Engineer and our program management firm Croy-MSE recommend approval of this change order with J B Trimble, Inc. - (F) Approval of special event in the Market Village on Thursday, August 31, 2006 Atkins Park Tavern, Vintage Tavern/Zucca, and 790 The Zone (Sports Talk) are proposing the Event for the Market Village for the purpose of "Pigskin Palooza & ESPN College Game Day." This is the second year for this event, but this year includes a well- known band. Sponsors are requesting permission for activities in the fountain area and the top (Atlanta Road entrance) section ofthe Market Village for entertainment, food, and beer sales. Sports Talk - 790 The Zone are event organizers - working with Atkins Park Tavern. Event duration is 4:00 p.m. - 11 :00 p.m. (Band stopping at 10:45 p.m.). Atkins Park Tavern has requested consideration for event to expand further into the Market Village through pedestrian traffic and street closure. Approval of this event is recommended with requirements that organizers hire specified number of police officers, pay special attention to noise levels, take particular care in cleanup during and after the event and that vigilance is exercised to prevent underage drinking. MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - August 7, 2006 4 COMMITTEE REPORTS: Council Member Pritchett commented favorably about Firefighter Davis and his military service to the nation. Council Member Pritchett commented favorably about the City Birthday Celebration last Saturday. - Council Member Newcomb commended the City police department for apprehending a suspect in connection with an incident on Spring Road which occurred recently. Council Member Newcomb commented favorably about former City community development director Chris Miller. Council Member Scoggins commented favorably about the City Birthday Celebration last Saturday and commended the members of the City staff who helped make this event a success. Council Member McNabb commented favorably about the City Birthday Celebration last Saturday and the diligence showed by the Parks and Recreation staff during this event. Council Member McNabb commented favorably about the late Ms. Linda Crumley who bequeathed a considerable sum to the Friends of the Smyrna Library. Council Member McNabb stated this gift will be used to sustain the children's reading program and other worthwhile programs at the City Library. Council Member McNabb stated two additional stained glass windows will be dedicated in Ms. Crumley's honor. Council Member Smith thanked the members of the City's staff who helped make the City Birthday Celebration a success. Council Member Lnenicka stated he agrees with comments made by the other officials, and yielded the floor with no further report. - Council Member Wood thanked McEntyre's Bakery for providing the cake at the City Birthday Celebration. Council Member Wood commented favorably about this event. Ms. Hiott reminded everyone to vote tomorrow. Mayor Bacon thanked McEntyre's Bakery, Colonial Bank, Waste Management and Northwest Exterminators for sponsoring the City Birthday Celebration. Mayor Bacon commented favorably about this event. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed views regarding tree preservation in the City and made suggestions for possible changes to the City's tree preservation regulations. ADJOURNMENT: With no further business, the meeting was adjourned at 8:05 p.m. -- Augu~ 2006 - A. MAX BACON, MAYOR MELLENY PRITCHETT, WARD 1 - ~fk~ CHARLES PETE WOOD, WARD 7 - 5 2 / //( II_~ R'6N NEWCOMB, WARD 2 ORDINANCE No. 2006-18 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, CITY OF SMYRNA, GEORGIA, BE AMENDED BY THE ADDITION OF SEe. 2-4 APPOINTING REPLACEMENT OF SUSPENDED OFFICIAL BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 2, Administration, City of Smyrna, Georgia, be amended by the addition of Sec. 2-4, appointing replacement of suspended official. Sec. 2-4, "appointing replacement of suspended official" (1) Following indictment of any elected official of the City of Smyrna for any offense which causes the official to be suspended from office pursuant to state law, the mayor and council of said city of Smyrna shall have the right to appoint a replacement for the suspended official during the temporary vacancy of the office. (2) Upon initial conviction of any elected official of the City of Smyrna which causes the official to be suspended from office pursuant to state law, the mayor and council of said - city of Smyrna shall have the right to appoint a replacement for the suspended official during the temporary vacancy of the office. 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 spec?fically declared to be invalid or unconstitutional. Approved by Mayor and Council this 7'" day of :P~ ~ A. Max Bacon, Mayor -