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09-05-2006 September 5, 2006 September 5, 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 Members McNabb and Smith. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Keep Smyrna Beautiful Director Ann Kirk, Fire Chief Jason Lanyon, Police Chief Stan Hook and representatives ofthe press. Invocation was given by Fire Department Chaplain Brian Beaty, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: Mayor Bacon recognized Ms. Kirk, and Ms. Kirk introduced Mr. Russell Fackler and Ms. Kay Farner from Georgia Power Company to those present. Ms. Kirk provided details to those present concerning Mr. Fackler's background and his record of environmental leadership. Mr. Fackler commented favorably about the City's beautification program, and presented Ms. Kirk with a check on behalf of Georgia Power Company to be used for Keep Smyrna Beautiful projects. Mayor Bacon and Ms. Kirk thanked Mr. Fackler and Ms. Farner for the funds provided by Georgia Power Company. - Council Member Lnenicka recognized Chief Lanyon and Chief Hook, and read A Proclamation in recognition of Public Safety Appreciation Week for their respective departments. Chief Lanyon thanked the present officials for recognizing the service performed by the City fire department. Chief Hook provided details to the audience concerning an upcoming function at the Galleria for recognition of public safety professionals, and thanked the present officials for recognizing the service performed by the City police department. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Approval of Extension the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts I and 2 in the City of Smyrna Mr. Wright stated this measure was initially approved at a meeting on May 8, 2006 and was renewed on July 5, 2006. Mr. Wright stated staff recommends an extension of the moratorium for sixty days. MOTION: Council Member Newcomb made a motion to approve extension of the moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2 in the City of Smyrna for sixty days. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... September 5, 2006 2 The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. Mayor Bacon stated Council Member Smith is with his father this evening, and that Council Member Smith's father has been ill recently. Mayor Bacon stated Council Member McNabb is ill this evening. - PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of name change for apartment complex - Madison Station - 10 II Stephens Street Mr. Wright stated the owners of this apartment complex are converting the units to con- dominiums and wish to change the name to The Madison at Village Green. Mr. Wright stated staff recommends approval ofthe request. Council Member Scoggins commented favorably about the renovations being done at the subject location. MOTION: Council Member Scoggins made a motion to approve the name change for the residential complex at 1011 Stephens Street to The Madison at Village Green. The motion was seconded by Council Member Newcomb. Motion was approved 5 - O. (B) Adoption of Solid Waste Management Plan - Mr. Wright stated the Plan is required by State law for local governments to outline the manner in which solid waste in the City is disposed of. Mr. Wright stated the Georgia Department of Community Affairs has approved the City of Smyrna Solid Waste Management Plan as drafted on August 2005 and revised March 2006. Mr. Wright stated this plan fulfills requirements identified in Minimum Planning Standards and Procedures for solid waste management, and that staff recommends adoption of the Plan as presented. MOTION: Council Member Pritchett made a motion to approve adoption of the City of Smyrna Solid Waste Management Plan 2006 - 2015 and authorize the Mayor to send notification of plan adoption to the Georgia Department of Community Affairs. The motion was seconded by Council Member Newcomb. Motion was approved 4 - O. (Clerk's Note: Council Member Scoggins was not present at the time of this vote) (C) Approval of Telecommunications Franchise Agreement between Time Warner Telecom of Georgia and the City of Smyrna Mr. Wright stated this action is to renew the telecommunications franchise agreement approved by the City for Time Warner (TW) in 2001. Mr. Wright stated TW took no action to implement the franchise which subsequently expired. Mr. Wright stated this agreement will give TW the opportunity to provide telecommunications services in the City. Mr. Wright stated staff recommends approval ofthis agreement. MOTION: Council Member Wood made a motion to approve the Telecommunications Franchise .... September 5. 2006 3 Agreement between Time Warner Telecom of Georgia and the City of Smyrna. The motion was seconded by Council Member Newcomb. Motion was approved 4 - O. (Clerk's Note: Council Member Scoggins was not present at the time of this vote) - (D) Approva] of Franchise agreement with FiberLight LLC Mr. Wright stated FiberLight LLC has requested a telecommunications franchise in the City. Mr. Wright stated FiberLight LLC is an At]anta-based company with twelve years of experience providing telecommunications services. Mr. Wright stated staff recommends approval of this franchise agreement. MOTION: Council Member Wood made a motion to approve the Franchise Agreement with FiberLight LLC. The motion was seconded by Council Member Lnenicka. Motion was approved 5 -0. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of August 2],2006 minutes (B) Request for special event in the Market Village (All The Hits Q] 00 "Smyrnabration") on Saturday, September 23,2006 Top semi-circle of the Market Village at the Atlanta Road entrance, fountain area and the main vehicle corridor of the Market Village, terminating a the turn at Village Pottery and Charter Communications (leaving the King Street entrances to the Market Village open to allow passage behind Market Village buildings Vehicle traffic is restricted to allow for pedestrian traffic in the Market Village only. Streets would be closed as early as 9:00 a.m. on Saturday, Sept. 23 through cleanup after the event, occurring around midnight. - (C) Approval of Special Event on the Village Green (Spice of Life), along King Street and in the Market Village on Saturday, September] 6,2006 This event requires street closings impacting access to the Village Green (Village Green Circle and Village Green approach ), the Market Village, and King Street from Village Green Circle to Stephens. Additionally, the Veterans Memorial stretch of Bank Street from King Street to the end of the City Hall parking lot is requested. (D) Approval of Special Event in the Market Village on Saturday, October ]4,2006 Atkins Park Tavern and event partners desire to hold a "German Oktoberfest" event in the Market Village from] :00 p.m. to ] ] :00 p.m. on Saturday, October ]4. Organizer indicates street (upper Market Village circle) closure to occur at ]] :30 a.m. on the day of the event. (E) Approval of Special Event in the Market Village on Saturday, November] ], 2006 Organizers (Atkins Park Tavern and Vintage Tavern/Zucca) are requesting the top fountain area of the Market Village terminating with low-level fencing - lower portion approaching City Hall to remain open to vehicle traffic. Streets are expected to close at noon. Additional street closings dependent upon site plan and portables placements. - September 5, 2006 4 (F) BID A WARD BID # 7-003 Public Works requested bids for Storm Sewer upgrade and replacement of approximately 232 LF of storm water piping behind Cobb Park and replacement of piping under Bank Street below Sanford Place. Nine vendors were solicited for bids with four responding with the following: - Wade Coots Construction D & H Construction Co. K. M. Davis Const. Ralph Ardito Ditching & Pipeline $380,210.00 $319,840.00 $279,080.00 $242,439.00 Public Works Staff and Purchasing have reviewed the bids and recommend bid award to the lowest bidder, Ralph Ardito Ditching and Pipeline, for $242,439.00. (G) BID A WARD BID # 7-005 Three vendors were solicited for bids for unit pricing on uniforms services. All vendors solicited submitted unit price quotes. Our current vendor, AmeriPride Uniform Services, Inc. had the overall lowest unit pricing. Public Works Staff and Purchasing have reviewed the bids and recommend bid award to AmeriPride Uniform Services, Inc. (H) BID A WARD BID # 7-004 Public Works requested bids for the replacement of approximately 85 LF of 60" Arch CMP with 60" RCP on Ward Street. This project was postponed last year due to funding. Temporary repairs were made until funding was available. Nine vendors were solicited for bids with four responding with the following: D & H Construction Company Wade Coots Construction Co. K. M. David Const. Ralph Ardito Ditching $ Pipeline $238,000.00 $221,010.00 $197,350.00 $172,665.00 - Public Works Staff and Purchasing recommend bid award to the lowest bidder, Ralph Ardito Ditching and Pipeline, for $172,665.00. (I) Approve transfer of ownership and control of certain telecommunications equipment from Xspedius Communications to Time Warner Telecom, Inc. (Resolution) (J) Approve transfer of ownership and control of certain telecommunications equipment from Xspedius Communications to FiberLight, LLC (Resolution) MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 5 - O. COMMITTEE REPORTS: Council Member Wood urged everyone to support our local businesses. Council Member Lnenicka reminded everyone that the Spice of Life event will take place on September 16 in the Market Village. Council Member Lnenicka thanked Campbell Middle School for inviting him to the AVID program night held there recently. ... September 5. 2006 5 - Council Member Scoggins yielded the floor with no report. Council Member Newcomb yielded the floor with no report. - Council Member Pritchett yielded the floor with no report. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 8:02 p.m. "'~"... I'! " L /."" , ~ ...<.. ) D. HIOTT, CITY CLERK - ~.~J~____ RON NEWCOMB, WARD 2 ~~~ CHARLES PETE WOOD, WARD 7 - Resolution "-.. A Resolution of the City Of Smyrna Consenting To a Transfer of Ownership and Control of Certain Telecommunications Equipment From Xspedius Management Co. of Atlanta, LLC, d/b/a Xspedius Communications, To Time Warner Telecom, Inc. WHEREAS, the City of Smyrna ("City") granted to American Communication Services of Atlanta, Inc. d/b/a e.spire a nonexclusive franchise to occupy and use the streets within the corporate limits of the City to provide services through a telecommunications system (the "Franchise"), which Franchise was subsequently transferred to Xspedius Management Co. of Atlanta, LLC d/b/a Xspedius Communications ("Grantee") by the bankruptcy court; and WHEREAS, Grantee has entered into an agreement with Time Warner Telecom, Inc. ("TWTC") in which TWTC would acquire the ownership and control of Grantee, (the "Transaction"); and WHEREAS, the City has determined its approval is necessary for the above described transfer of control pursuant to the requirements of Article VIII of the Franchise, and Grantee has requested the City's consent to the Transfer; and WHEREAS, TWTC and Grantee both have existing franchises with the City and after the closing date of the transaction will initially continue to maintain such Franchise with the City ~ and to be bound, respectively, by the terms and conditions of each; NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna does hereby consent to the proposed Transaction, subject to the following conditions, to which the parties have agreed: SECTION 1. That Grantee, shall not be released from any obligations or liabilities under the Franchise arising prior to the consummation of the Transaction and shall continue to assume all obligations and liabilities under the Franchise, including without limitation, all obligations, if any, as are currently required to have been performed but may not have not been performed, and the obligations of the Grantee with respect to Franchise renewal and Franchise fee payments. SECTION 2. That the parties submitting the application requesting consent stipulate that neither the City's consent to the Transfer nor the completion of the Transfer itself shall in any way diminish or otherwise affect adversely any right that the City has, may have, or may at any time subsequently acquire with respect to any matter, including, without limitation, any right of the City to require compliance with the terms of the Franchise; it being acknowledged that the stipulation in this Section 2 does not affect the finality of the City's consent to the Transfer granted under this Resolution. SECTION 3. That the City's consent to the Transaction granted under this Resolution does not and shall not be construed to constitute a waiver of any obligations of the Grantee under the Franchise. Notwithstanding the foregoing, the City's consent to this Transfer shall specifically include any subsequent decision by TWTC to transfer all of Grantee's facilities under its TWTC ,...,. " franchise and to terminate Grantee's Franchise, provided that the City is given prior written notice of such subsequent facility transfer and Franchise termination. SECTION 4. The City hereby consents to and approves of the transfer of ownership and control Grantee, as described herein, which consent shall be effective upon the closing of said transaction. The City's consent shall be deemed null, void and of no effect whatsoever if the transaction is not consummated. IN WITNESS WHEREOF, the City of Smyrna, by the Mayor, thereunto duly authorized by the appropriate governing body of said City, has caused the corporate name of said City to be hereunto signed and the corporate seal of said City to be hereunto affixed and the Grantee, by its officers thereunto duly authorized, has caused its name to be hereunto signed and its seal to be hereunto affixed as of the 5th the day of September, 2006 CITY OF SMYRNA The Honorable Max Bacon, Mayor ATTEST ' ~AJ f) '1r{u;;tjJ '-" Xspedius Management Co. of Atlanta, LLC d/b/a Xspedius Communications By: James C. Falvey Sr. Vice President, Regulatory Affairs ATTEST Erie F. Sampson Director of Regulatory Affairs/Corporate Counsel ~ .-- Resolution A Resolution of the City Of Smyrna Consenting To a Transfer of Ownership and Control of Certain Telecommunications Equipment From Xspedius Management Co. of Atlanta, LLC, d/b/a Xspedius Communications, To FiberLight, LLC WHEREAS, the City of Smyrna ("City") granted to American Communication Services of Atlanta, Inc. d/b/a e.spire a nonexclusive franchise to occupy and use the streets within the corporate limits of the City to provide services through a telecommunications system (the "Franchise"), which Franchise was subsequently transferred to Xspedius Management Co. of Atlanta, LLC d/b/a Xspedius Communications ("Grantee") by the bankruptcy court; and WHEREAS, Grantee has announced plans to transfer to FiberLight, LLC ("FiberLight") the ownership and control of a portion of Grantee's fiber optic network system, consisting of at least three (3) conduits/innerducts, including manholes, handholes and other appurtenances thereto (the "Transfer"); and WHEREAS, the proposed Transfer represents a sale of a portion of Grantee's fiber optic network system in the City and Grantee will maintain its Franchise with the City and will continue to be bound by its terms and conditions, and '- WHEREAS, pursuant to the requirements of Article VIII of the Franchise, Grantee has requested the City's consent to the Transfer; and WHEREAS, FiberLight is currently seeking a telecommunications franchise from the City; NOW, THEREFORE, BE IT RESOLVED that the City ofSmyma does hereby consent to the proposed Transfer, subject to the following conditions, to which the parties have agreed: SECTION 1. That Grantee, shall not be released from any obligations or liabilities under the Franchise arising prior to the consummation of the Transfer and shall continue to assume all obligations and liabilities under the Franchise, including without limitation, all obligations, if any, as are currently required to have been performed but may not have not been performed, and the obligations of the Grantee with respect to Franchise renewal and Franchise fee payments. SECTION 2. That the parties submitting the application requesting consent stipulate that neither the City's consent to the Transfer nor the completion of the Transfer itself shall in any way diminish or otherwise affect adversely any right that the City has, may have, or may at any time subsequently acquire with respect to any matter, including, without limitation, any right of the City to require compliance with the terms of the Franchise; it being acknowledged that the stipulation in this Section 2 does not affect the finality of the City's consent to the Transfer granted under this Resolution. '-' '- SECTION 3. That the City's consent to the Transfer granted under this Resolution does not and shall not be construed to constitute a waiver of any obligations of the Grantee under the Franchise. SECTION 4. The City hereby consents to and approves of this transfer of the ownership and control of a portion of Grantee's fiber optic network system, as described herein, which consent shall become effective immediately. IN WITNESS WHEREOF, the City of Smyrna, by the Mayor, thereunto duly authorized by the appropriate governing body of said City, has caused the corporate name of said City to be hereunto signed and the corporate seal of said City to be hereunto affixed and the Grantee, by its officers thereunto duly authorized, has caused its name to be hereunto signed and its seal to be hereunto affixed as of the 5th the day of September, 2006 CITY OF SMYRNA ~ D~ '-' Xspedius Management Co. of Atlanta, LLC d/b/a Xspedius Communications By: James C. Falvey Sr. Vice President, Regulatory Affairs ATTEST Erie F. Sampson Director of Regulatory Affairs/Corporate Counsel ~