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May 6, 2002 Council Meeting May 6, 2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were Interim City Administrator Chris Corey, Deputy City Clerk Lee Miller, City Attorney Scott Cochran and representatives of the press. Invocation was given by Dr. Steven Kimmel of 151 Baptist Church of Smyrna, followed by the pledge to the flag. - CITIZENS INPUT/SPECIAL RECOGNITION: Mayor Bacon recognized Mr. Brandon Lcwis, Studcnt Council Presidcnt at CampbelllIigh School (CI IS), and stated that Mr. Lewis will be Ilonorary Mayor for the evening. Mayor Bacon recognized Dr. Thomas Dohrmann ofCHS, who discussed the current theme words and introduced CHS teacher sponsors and student government representatives. Mayor Bacon recognized Ms. Jeanette Gall, who introduced several students from Griffin Middle School who sang a tune from Guys and Dolls for the audience. Mayor nacon recognized Senntor Phil Gingrcy, who discussed the upcoming election and gave the audience some details of his background and experience. Mayor Bacon recognized Mrs. Patty Bacon, who introduced members of the Senior Citizens Advisory Council, and thanked them for their contribution to the community. Council Member Pritchett read a Proclamation signed by Mayor Bacon declaring May, 2002 as "Older Americans Month." Mayor Bacon recognized Ms. Joyce Schechtcr, a realtor, nnd Mr. Allnn Khaliffe, a nuilder, who discussed some houses on Church Road that are being built and arc available for sale. Council Member Cramer stated he has seen some of the houses and commented favornbly on their overall quality. Ms. Schechter stated that some brochures about the houses will be made nvnilnble for persons seeking more details. Mayor Bacon recognized Mr. Gary Osborne, who expressed dissatisfaction with service from Charter Cable and discussed franchise agreements and other points with several Council Members. Mr. Osborne also stated he would like to see a sidewalk built on Concord Road with no increase in taxes. - Mayor Oncon recognizcd Mr. rJoyd Millis, who staled that Chnrter Cable planned to televise Council meetings on channel 19, hut that there has been inconsistency with the chnnnels used for these broadcasts. PUBLIC HEARINGS: (A) Variance Request - Increase in Fence Height - Suzanne Lindsey - 926 Dell Avenue Mr. Corey stated the subject property contains a single-family residence at the southenst corner of Dell and McLinden Avenues, is zoned R-15, and that the applicnnt is proposing to rcplnce nn existing elwin-link fence with a new fence which will be 6' in height. Mr. Corey stated that Section 501.10 of the Smyrna Zoning Code limits the height of fences in front and street side ynrd setbacks to 4' and that the applicant has requested a variance to permit a wood fence with a height of 6' in the street side yard setback. Mayor Bacon stated this is a public hearing and asked for public cOll1ment, and several persons came forward and were administered the oath by Mr. Cochrnn. Council Member Hnwkins recognized Ms. Suznnne Lindsey, nnd nsked her to summnrize the need for the variance. Ms. Lindsey stated she had safety concerns about her pets in her ynrd nnd that the height of the existing fence is inadequate to protect both passers-by nnd the pets. Ms. Lindsey also stated thnt her residence is on a corner lot and thnt n higher fence is needed for privacy. - Mayor Bacon recognized Mr. Venson Abercrombie, 830 McLinden A venue, who expressed concern thnt the higher fence will obstruct his field of view. Mr. Abercrombie showed those officials present some photographs he made of the affected aren. Mr. Abercrombie nsked if n permit is required for a fence and Mayor Bacon answered in the affirmntive. Mr. Abercrombie asked ifn survey is required to erect a fence and Council Member Pritchett ndvised thnt, if the overnll placement of the fence does not change, then no survey is needed. Mr. Abercrombie stntcd he is opposed to npprovnl of the varinnce because of the added height of the fence. Mayor Bacon recognized Ms. Karen Miller, who stated she resides with the npplicant and shares her concern for the safety of pets in the ynrd nt the subject location. Mayor Bacon recognized Ms. Talnni Casnriego, 931 McLinden A venue, who stated she has observed some ofthe conditions about which the applicnnt-hns expressed concern. Ms. Casariego stated thnt there is n lot of pedestrian traffic in the nrea, including blls passengers from n nearby blls stop. May 6. 2002 2 Mayor Bacon recognized Ms. Hazel Leatherwood, 861 McLinden A venue, who expressed support for approval of the variance because of safety considerations and the visual appeal she believes the fence will provide. Council Member Hawkins stated that neighborhood variances arc often complicated because it is difficult to make everyone happy, and expressed concel'll that the fence contractor did not apply for necessary permits before attempting to install the lCnce. Council Member Hawkins made a motion to approve a variance to allow a fence 6' in height for 926 Dell A venue, based on hardship need and staff reconunendation, with the stipulation that the City Engineer be consulted about where the fence will be placed. The motion was seconded by Council Member Scoggins. Motion was approved 6 - I, with Council Member Lnenicka casting the opposing vote. (B) Rezoning Request - .34 Acre Tract from R-IS (Sf Residential) to GC (General Commercial) _ Keith Akhlagi - 2969 Jonquil Drive - Mr. Corey stated the applicant is proposing to rezone a .34 acre tract of land in Land Lot 631 from R-IS to GC and that the parcel is located on Jonquil Drive adjacent to the applicant's automotive repair center. Mr. Corey stated the development proposal provides for the construction ofa 3,360 square luot addition to the automotive repair center and that the proposed site plan also provides an 8' privacy fence and 10' landscape bulTer between the subject parcel and the residential property to the south. Mr. Corey stated the proposed site plan also includes a 10' wide landscape strip along Jonquil Drive with a privacy fence. Mayor Bacon stated this is a public hearing and asked lor public comment. There was none. Council Member Scoggins reported that he and Council Member Wood had made an inspection of the site recently and commended Mr. Akhlagi on the overall good order and appearance of the premises. Council Member Scoggins asked Mr. Akhlagi if he restores Mercedes type vehicles and Mr. Akhlagi answered in the affirmative. Council Member Scoggins asked for an overview of the applicant's plans and Mr. David Chiodo, the applicant's attol'lley, stated Mr. Akhlagi's planned construction will increase his business space by about 50%. Council Member Scoggins stated that he had seen no signs indicating automotive repair service on the premises and asked Mr. Akhlagi ifhis business is restoration only and Mr. Aklagi answered yes. Council Member Scoggins stated that placing business and residential property in close proximity is often difficult, and read the following excerpt from the staff comments on the application: While there arc existillg residences in the area, Jonquil Drive is currently under- going a transition fi'U1n residential to commercial uses. The proposed zoning would be compatible with the properties to the north and west. Additionally, it would also be compatible with the properties south of COI'II Road detailed above which are zoned LI (Light Industrial). - Council Member Scoggins read the zoning stipulations recolllmended by stall: · Requirement of an 8' high privacy wall (either masonry or wood) along the south property line within the required 10' buffer. This landscaped bulTer shall include groundcover and one tree per every 20' as detailed on the site plan provided with the application. · Installation of an 8' high privacy wall/fence (either masonry or wrought iron) along Jonquil Drive within a 10' landscape buffer with groundcover and one tree per every 20' as detailed on the site plan attached with the application. . Requirement that the building addition utilize either block or brick on outside elevations. . Elimination of the second proposed driveway on Jonquil Drive. . Prohibition against parking cars along Jonquil Drive except in the 3 spaces designated on the site plan. . Requirement that all automotive-related work be conducted solely within the building and that no outside storage be permitted. Council Member Newcomb asked the applicant if there will be an 8' privacy fence between the business and the residence next door and Mr. Akhlagi said yes. Mayor Bacon asked the applicant if the existing structure will be demolished and Mr. Akhlagi answered in the affirmative. Council Member Scoggins. asked Mr. Akhlagi if the premises will have the appearance ofa used car lot and Mr. Akhlagi said no. Council Member Lnenicka stated the subject area does appear to be in a state oftransition and that a more comprehensive plan for this section of the City is needed instead ofa piecemeal approach. C~uncil Member Lnenicka expressed the view that there does not seem to be a good channel there wluch trucks and other traffic can use to move through the area, and that the present infrastructure there may not be adequate for the type of use that seems to be evolving. -- May 6. 2002 3 Council Member Scoggins made a motion to approve a rezoning request for a .34 acre tract from R-15 to General Commercial for 2969 Jonquil Drive, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. (C) Land Use Change Request - Low Density Residential to Neighborhood Activity Center- Keith Akhlagi - 2969 Jonquil Drive Mayor Bacon stated this is a public hearing and asked for public comment. There was none. .., Council Member Scoggins made a motion to approve a land use change from Low Density Residential to Neighborhood Activity Center for 2969 Jonquil Drive, and the motion was seconded by Council Member Cramer. Council Member Newcomb stated that a review of the staffanalysis of this application disclosed that Commercial Activity Center was also used to describe the proposed land use change and that some confusion seems to exist. Council Member Lnenicka stated that staff should be consulted regarding the different designations. Motion was approved 7 - O. (D) Privileged License Request - Taxi Service - Amigo Taxi Cobb - 1996 Manchester Street (Atlanta) - New Application Mr. Corey stated that Amigo Taxi Cobb has submitted an application to operate a taxi cab company in the City of Smyrna, and that Rosa Elena Ceballos will be the owner and agent for this establishment which is located at 1996 Manchester Street, Atlanta, Georgia 30324. Mr. Corey stated that Ms. Ceballos has been given a copy of the Vehicles for I-lire Ordinance, that the !3usiness License Officer has reviewed the guidelines with her, and that she has indicated she will follow the City's ordinances if she is granted the license. Mayor Bacon stated this is a public hearing and asked for puhlic comment. There was none. - Council Member Wood asked Ms. Ceballos ifher taxi service is operating in the City now, and Ms. Ceballos said no, but that there are plans for Amigo Taxi Cobb (A TC) to do business in the City. Council Member Wood asked Ms. Ceballos if A TC presently has an office in the City, and Ms. Ceballos said no, but that there plans to open an A TC office in the City soon. Council Member Wood stated that the Vehicles for Hire Ordinance requires the address of an office in the City. Council Member Wood asked Ms. Ceballos where A TC vehicles stage between fares, and Ms. Ceballos said the vehicles wait in shopping center lots and similar locations in Marietta when waiting to be dispatched. Council Member Wood asked Ms. Ceballos if A TC drivers have permission from property owners to park in these locations, and Ms. Ceballos answered in the affirmative. Council Member Wood asked Ms. Ceballos if she is aware that A TC drivers will be required to have identification cards isslled by the Smyrna Police Department (SPD), and Ms. Ceballos answered in the affirmative. COllncil Member Lnenicka asked Ms. Ceballos if approval cf the license could be postponed until an A TC office has opened in the City. Council Member Hawkins expressed reservations about requiring a business entity to commit to the procurement of office space with no privileged license approved. Mayor Bacon asked Mr. Cochran for an opinion regarding what is required to comply with the Vehicles for Hire Ordinance, and Mr. Cochran stated that A TC, and other taxi services, must have a full-time employee in a managerial capacity who resides in the City as a contact person. Ms. Ceballos stated that the son of one of her drivers lives in the City and is a full-time employee of A TC in a managerial capacity. Council Member Wood asked Mr. Cochran if the individual described by Ms. Ceballos fulfills the ordinance requirements and Mr. Cochran answered yes. Council Member Wood stated the investigation conducted by SPD disclosed no information that would preclude issuance of a privileged license for a taxi service. Council Member Wood made a motion to approve a privileged license for a taxi service for Amigo Taxi Cobb, with the approval subject to compliance with Section 5, page CD 11 0.5 of the Smyrna Code of Ordinances, which requires that the applicant provide the name, address and telephone number of a responsible individual who is a full-time employee in a management position of the applicant residing in the City of Smyrna who will be the registered agent for the purpose of serving of process. The motion was seconded by Council Member Lnenicka. Mayor !3acon asked Ms. Ceballos to make certain -the vehicles used by A TC are clean and safe. Motion was approved 7 - O. (E) Privileged License Request - Taxi Service - International Taxi - 765-B Windy Hill Road - New Application - Mr. Corey stated International Taxi (IT) has submitted an application for a license to operate a taxi cab company as set forth in the Vehicles for Ilire Ordinance, and that Monica !3allen will be the owner and agent for this establishment located at 765-!3 Windy Hill Road. Mr. Corey stated that Ms. Ballen has been given a copy of the Vehicles for I-lire Ordinance, the !3usiness License Officer has gone over the guidelines with her, and that Ms. Ballen hns indicated she will follow the City's Ordinances if she is granted the license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer asked Ms. Ballen if the office of IT is on Windy Hill Road, and, with the, assistance of her translator, Ms. Ballen answered in the affirmative. Council Member Cramer asked Ms. Ballen ifit is correct that she is not a U.S. citizen, and Ms. Ballen answered in the affirmative. Council Member Cramer asked Ms. !3allen if she has a work visa or green card, and Ms. !3allen stated she has a work permit. Council Member Cramer asked Ms. !3allen if IT taxis are dispatched in Smyrna and if May 6, 2002 4 the dispatch service is bilingual, and Ms. Ballen answercd ycs. Council Membcr Cramcr asked Ms. Ballen if vehicle scrvice and rcpairs would be done at the IT busincss location, and Ms. Ballcn said no. Council Mcmbcr Cramcr statcd thc invcstigation conductcd by Smyrna Policc Dcpartmcnt disclosed no information that would precludc issuancc of a privilcgcd liccnse for a taxi scrvicc. Ms. Ballcn's translator identified himself as Fernando Rivas, and Mr. Rivas statcd he is the dispatchcr/managcr at the IT office and that he would bc on thc prcmiscs during hours of opcration. Council Membcr Cramcr made a motion to approvc a privilcgcd liccnsc for a taxi service for International Taxi, locatcd at 765-13 Windy Ilill Roau, amI thc motion was sccondcu by Council Mcmbcr Lnenicka. Motion was approvcd 7 - O. Mayor Bacon turncd the procccdings over to Honorary Mayor Lcwis. FORMAL BUSINESS: (A) Appointment of Members to Downtown Development Authority (DDA) - Mr. Corey stated the currently serving mcmbers of DDA have expressed an interest in reappointment. Council Mcmber Hawkins identified the currcnt DDA members as Hubert Black, C.J. Fouts, Jim Pitts, Melinda Dameron, Eric Cash, Doug Stoncr and Larry Freeman, and made a motion that they be reappointed for another tcrm. Council Mcmber Scoggins secondcd the motion. Motion was approved 6- 0, with Council Member Cramcr abstaining. (B) Appointment of Cobb County Board of Elections (CCBE) as Supcrintendent to Conduct the Special Election for Homestead Exemption Mr. Corey stated that on April 24, 2002, Melinda Dameron contacted Beth Kish at CCBE about conducting a voting on homestead exemption, and that Ms. Kish advised the City will need to formally appoint CCBE as the superintendent for the special voting. Mr. Corey statcd that CCBE, if appointed as supcrintendcnt, will hanulc publicatiun ufthc call/or thc clcction. Council Mcmbcr Wood stated that thc Gcneral Assembly has approvcu Icgislation lor a relCrenuum for homesteau exemption and that an approved voting time of August 20, 2002 will be the probable date of the voting. Council Member Wood made a motion to appoint Cobb County Board of Elections as the superintendent for the special election for homestead exemption for the City of Smyrna, and the motion was seconded by Council Member Pritchett. Motion was approved 6 - 0, with Council Member Cramer abstaining. (C) Approval of Changes to Code of Ordinances Chapter 14, Section 14-6 Cruelty to Animals Mr. Corey stated that addition of a provision rcquiring dog Icashes to be at least six lCet in length has been recommended, and Mr. Corey called upon Mr. Cochran for further explanation. Mr. Cochran stated that two provisions of State law should be added, and that some exceptions be specified for animals used for food. Mr. Cochran stated the provision lor leashes lor restrained dogs to be at least six feet in length was recommended by City police personnel. Mr. Cochran provided a summary of proposed changes to be attached to the minutes - A motion was made by Council Membcr Scoggins to approve the proposcd dHlngcs to Scction 14-6 of the Smyrna Code of Ordinances (Cruelty to Animals), and the motion was sCl.:Ondcd by Council Member Newcomb. Motion was approved 7 - O. (D) Approval of Changes to Code of Ordinances Chapter 14, Sections 14-42 (Vicious Dogs) and 14-43 (Barking/Nuisance Dogs) Mr. Corey stated the addition of a provision authorizing the City to remove offending animals from the city limits is recommended, and Mr. Corey called upon Mr. Cochran for further explanation. Mr. Cochran stated the proposed change would give a judge authority to banish animals from the City, if necessary, for the abatement of nuisances or other problems. Council Member Scoggins made a motion to approve the proposed changes to Sections 14-42 and 14-43 of the Smyrna Code of Ordinances, and the motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (E) Approval of Public Works Request to Transfer Funds li'om Excess CIP/Operating Account to Fund Bid Purchase Mr. Corey stated Public Works requests to transfer funds from excess CIP and small equipment operating account to fund this purchase, and that under-funding of bid #2-015 for a sewer crawler camera has made a budget transfer necessary to fund this piece of equipment. Mr. Corey stated that Public Works requests to transfer $30,100 in excess CIP funds and $16,084 from account # 53.1600 (small equipment) to fund this purchase, and that the Finance Department has indicated this is an acceptable method to fund the purchase. ... Council Member Cramer made a motion to approve a Public Works request to transfer funds from excess CIP/Operating Account to fund a bid purchase, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. May 6.2002 5 (F) Announcement of Selection of City Administrator Mr. Corey stated that Wayne Wright of Powder Springs has formally accepted the position of City Administrator for the City of Smyrna. Mr. Corey stated that Mr. Wright has served as the City Manager for the City of Powder Springs since July, 1993 and was also the City Administrator for Garden City, Georgia from October 1987 to July 1993. Mr. Corey stated that Mr. Wright holds a Master of Public Administration from the University of North Carolina at Chapel I-Jill, and a Bachelor of Science in Urban Government from Georgia State University. Council Member Wood stated that, pcnding normal hiring proccdurcs, Mr. Wright will be appointcd at a subsequent Council meeting. .. (G) Approval of Request to Use Current Unit Pricing for Replaccment of 1700' of Water Main in the Vicinity of North view Place Mr. Corey stated that the Public Works division of water and sewer requests to replace approximately 1700' of water main, and that Northview Place is currently experiencing water quality problems because of the age of the main and because ofa dead.end in the system. Council Member Cramer made a motion to approve use of current unit pricing for replacement of 1700' of water main in the vicinity of North view Place, and the motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (H) Approval of2002 Community Development Block Grant (CDBG) Award Mr. Corey stated that the Cobb County Board of Commissioners awarded the 2002 CDHG to the City of Smyrna. I1nd that the City of Smyrna has heen involved in and awarded the CDBC; funds for sevcral years. Council Member Wood made a motion to approve authorization of tile Mayor to sign tile Suhrecipient Agreement and approve the agreement for the grant, and thc motion was seconded by Council Member Cramer. Motion was approved 7 - O. - "'Council Member Wood made a motion to suspend the rules to add an item to the agenda under thc category of Formal Business captioned as item 41, Validation of Application for Anncxation of Property in Land Lot 477, and the motion was seconded by Council Member Lncnicka. Motion was approved 7-0. *(1) Validation of Application for Annexation of Property in Land Lot 477, 17th District, 2ncl Section, Cobb County, Georgia LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 477 of the 17th District, 2ncl Section of Cobb County, Georgia and being more pm1icularly described as follows: Beginning at an iron pin located at the intersection of the northerly land lot line of Land Lot 477 and the westerly right of way line of King Springs Road (King Springs being a variable width right of way); thence run southerly, along the westerly right of way line of King Springs Road distance of20.06 feet to a VI inch rebar; thence nm North 83 degrees 56 minutes 45 seconds West a distance of357.96 feet to an iron pin; thence run North 06 degrees 26 minutes 15 seconds East a distance of20.06 to the northerly land lot line of Land Lot 477; thence run South 83 degrees 56 minutes 45 seconds East along said land lot line a distance of357.96 feet to an iron pin on the westerly right of way of King Springs Road and the point of beginning. Said property containing .165 acres more or less. ALSO All that tract or parcel ofland lying and being in Land Lot 477 of the 171h District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: - Beginning at an iron pin located at the northerly right of way of Cooper Lake Road (Cooper Lake Road having a right of way of70 feet) and the western land lot line of Land Lot 477; thcnce run North 06 degrees 24 minutes 05 seconds East along said westerly land lot line a distance of 10. I I feet to an iron pin; thence run North 86 degrees 14 minutes 20 seconds east a distance of 153.94 feet to point thence easterly along a curve to left having a radius of 459.39 feet a distance of 142.88 feet to a point, said curve being subtended by a cord being of North 77 degrees 21 minutes 43 seconds East having a cord length of 142.31 feet; thence South 27 degrees 25 minutcs 32 seconds East a distance of 10.05 feet to an iron pin located on the northerly right of way of Cooper Lakc Road; thence in a westerly direction along said northerly right of way a distance of 302.74 feet to said western land lot line of Land Lot 477 and the point of beginning. Said tract containing .Ool) acres more or less. ALSO May 6. 2002 All that tract or parcel of land lying and being in Land Lot 477 of the 17th District, 2nd Section of Cobb County, Georgia, according to plat of survey by Thomas M. Ginn, Sr., Registered Land Surveyor, dated March 25, 1968, and bcing more particularly described as follows: Beginning at an iron pin located on the northwesterly right of way line of Cooper Lake Road 465.2 feet castcrly and northcastcrly as mcasurcd along thc northcrly and northwcstcrly right of way line of Cooper Lakc Road from thc puint of intcrscctiun uf thc northcrly right uf way linc uf Cuopcr Lake Road with the castcrly right of way line of King Vallcy Road; running thencc North 52 dcgrccs 30 minutes 00 seconds East a .Iistancc of 230 tect to an iron pin located on thc northwcstcrly right of way linc of Cooper Lake Road; running thence North 27 degrccs 12 minutes 45 seconds Wcst a distance 01'275 feet to an iron pin; running thence South 59 degrees 50 minutes 30 seconds West a distance of230 feet to an iron pin; running thence South 27 degrees 28 minutes 29 seconds East a distancc of284.83 feet to an iron pin locatcd on t~e northwcstcrly right of way linc of Coopcr Lakc Road, said iron pin bcing located at the point of the bcginning. Said tract containing 1.49 acrcs morc or Icss. Council Member Wood made a motion to validate the petition for annexation of 1.724 acres, Land Lot 477, 17th District, 2nd Section, Cobb County, Gcorgia with a public hearing set for June 3, 2002. The motion was seconded by Council Mcmber Lnenicka. Motion was approved 7 - O. *Council Mcmbcr Ncwcomb made a mution to suspcnd thc rulcs to add an item to thc agenda under the category of Formal Business as item 4J, Appointmcnt of Mcmbcr to Scnior Citizcns Advisory Council, and the motion was seconded by Council Membcr Cramcr. Motion was approved 7 - O. *(J) Appointmcnt of Mcmbcr to Scnior Citizcns Advisory Council Council Membcr Newcomb madc a motion to appoint Jan Martin to thc Scnior Citizens Advisory Council, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: Thcrc wcre nonc. BID A WARDS: (A) Award of Bid 2-015 for Purchase of a Scwcr System Camcra Mr. Corcy statcd that bids wcrc rcqucstcd li'OI11 cight vcndors to providc camcra cquipmcnt, a new truck body for thc cquipmcnt and installation and training, and that of thc cight vcndors contactcd, thc four which respondcd werc Arics Industrics, Inc., Cucs, Cobra Tcchnulogics and Adams Equipmcnt Co., Inc. Mr. Corcy statcd that of the four rcsponding vcndors, only onc, Adams Equipmcnt Co., met the bid spccifications. Mr. Corcy statcd that all vcndurs wcrc givcn a dcmunstratiun opportunity and thc systcm from Adams Equipmcnt Co. pcrfurmcd thc bcst, and that it shuuld bc nutcd that Cobb Cuunty and Marietta usc the Adams equipmcnt. Mr. Corcy statcd that both Public Wurks and Purchasing rccommend awarding thc bid tu Adams Equipmcnt Co., Inc. for a Pcarpoint camcra system. Council Mcmber Cramcr made a motion to award thc bid for a scwcr systcm camera to Adams Equipment Co., Inc for $126, 184, and the motion was sccondcd by Council Member Newcomb. Motion was approvcd 7 - O. (B) Award of Bid 2-020 for Rcplaccmcnt of Approximatcly SOO LF ofScwcr Main at Mackinaw Place Outfall Scwer Mr. Corey stated that Public Works rcquestcd bids l'or thc rcplaccment of approximately 800 LF of sewer main and that six vendors wcre solicited for bids with four vendors responding. Mr. Corey stated that Public Works and Purchasing have reviewed these bids and recommend award of the bid to Instuform Tcchnologies. Council Member Cramer madc a motion to approvc award of thc bid for rcplaccmcnt of approximately 800 LF of sewer main at Mackinaw Place Outfall Scwer in the amount of $65,000 and the motion was seconded by Council Member Lncnicka. Council Member Newcomb asked if the bid from Instuform was the low bid, and Mr. Corcy answcrcd in the aflirmativc. Motion was approvcd 7 - O. (C) Award of Bid 2-021 for Replacement of2970' of Sewer Main from Village Parkway to Bates Street Mr. Corey statcd that Public Works rcqucsted bids for thc rcplaccmcnt of2970 feet of scwer main from Village Parkway to Bates Strcet, and that six vcndors were solicited for bids with four vendors respond- ing. Mr. Corey stated that Public Works and Purchasing have reviewcd these bids and award of the bid to K.M. Davis Contracting is recommended. Council Member Cramer made a motion to award the bid for replacement of2970 feet of sewer main from Village Parkway to Bates Street to K.M. Davis Contracting in the amount of$214,129.06, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. 6 - - - May 6,2002 7 (D) Award of Bid 2-022 for Replacement of2040 LF of Sewer Main from Wills Street to Collier Drive Mr. Corey stated that six vendors were solicited for bids and two responded, and that Public Works and Purchasing have reviewed these bids and recommend award of the bid to D and H Construction. Council Member Cramer made a motion to approve award of Bid 2-022 to D and H Construction in the amount of$1 09,546 and the motion was seconded by Council Member Hawkins. Motion was approved 7-0. CONSENT AGENDA: - (A) Approval of Name Change for Cameron Woodlands Apartments (B) Request for Bids to Replnce HV AC System ntthe Police Stntion (C) Request for Bids for GPS Equipment for the Public Works Department (D) Request for Bids for Street Sweeping for the Public Works Department (E) Approval for Installation of Stop Sign nt Stephens Street and La Vista Place (F) Approval of Transfer ofCDBG Funds from the 2002 Senior Van to Chuck Camp Park Council Member Hawkins made a motion to approve the Consent Agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. APPROV AI. OF MINUTES: (A) April 15, ~002 Minutes Council Member Hawkins made a motion to approve the April 15,2002 minutes, and the motion was seconded by Council Member Cmmer. Motion was approved () - 0, with Council Member Lnenicka abstaining. COMMITTEE REPORTS: Council Member Newcomb stated he was glad 10 see the various appurlenances in place al the Linear Park near Spring Road, and reitemted his concern ahout service issues at the cable service purveyor. - Council Member Hawkins stated he also is concerned about cable service issues, and that he wanted to clarify the point that the City has no monopoly on cahle service. Council Member Cmmer stated that he hopes the dedication ceremony for the Veterans Memorial will he during the second weekend of October, and that the Great American Cleanup is planned for the next Saturday in Ward 5. Council Member Lnenicka stated he attended a homeowners meeting for Vinings Glen Phases 3, 4 and 5 which was interesting, and that he wished to commend City staff and elected officials for their work in connection with the site visit from representatives of Goodie lis vi lie, Tennessee. Council Member Lnenicka stated that the City had a mobile workshop at the last National League of Cities convention in Atlanta to demonstrate ideas about downtown redevelopment, and the city manager from Goodlettsville was impressed by what he saw and the site visits from that city resulted from this initial contact. Council Member Lnenicka stated that it should be known that other cities are keenly interested in learning more about the City of Smyrna's progressive direction, and that this interest indicates that the City is on the right track. Council Member Lnenicka reminded those present of the Village Green concert scheduled for this Saturday. Council Member Wood commented favorably on the overall success of the comprehensive tour of various City departments by the Goodlettsville contingent, and discussed the final work being done on the 2003 budget, including adjustments based on revenue estimates. Council Member Wood stated that Finance Department personnel and other City staff have worked hard to provide pertinent data in a timely manner, and that he hopes the process will he finished in early June. CITIZENS INPUT: Honorary Mayor Lewis recognized Mr. Floyd Millis, who expressed the view that the print size used on the agenda should be larger. - Honorary Mayor Lewis recognized Mr. Phillip Goodman, a resident of AngJa Drive, who asked ifthere are any plans to put nil electric power lines and rclatcd appurlcnances underground. Council Member Hawkins stated that new installations are mainly below ground, but that converting existing lines to underground installations would be prohibitively expensive, and thus not feasible for the City to undertake. Mr. Goodman asked what plans, if any, the City has for l1elmont Hills Shopping Plaza, and Council Member Hawkins stated that it is private property, and the City cannot use taxpayers' funds on private property. Council Member Ilawkins stated that City officials have been working with the property owners and discussing some possihilities, including an office park, hut that there are no definite plans in place at this time. May 6.2002 ADJOURNMENT: With no furthcr busincss, the lI1eeting was adjourned at 9:35 p.lI1. A. MAX BACON, MA YOR ........ ^c/ l~- LEE MILLER, DEPUTY CITY CLERK --}I} ,,-/J Ii .I! _ ~ \ ~ \ ..il C - fll..: '(..Lt ,1-/ -( \1_0;0 ,J~V~ MELLEN'( JRITCI-!ETT, WARD I '-. RON NEWCOMB, WARD 2 BILL SCOGGINS, WARD 3 ~~~ CI/A!{LES PETE WOOD, WA/{I-)-7\ 8 - - - ORDINANCE No. 2002- 8 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 14-6 OF SAID CODE, PROVIDING THAT DEFINITION OF ANIMAL CRUELTY VIOLATION AND MINIMUM LENGTH OF ANIMAL LEASHES BE INCLUDED. .. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 14-6 of the Code of Ordinances ofthe City of Smyrna, Georgia, be amended so that such section shall read as follows: 14-6 (a) "A person is in violation of this chapter when his or her act, omission, or neglect causes unjustifiable physical pain, suffering or death to any living animaL" 14-6 (g) "This Code Section does not apply to killing of animals for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the applicable game and fish laws or to the killing or injuring of an animal for humane purposes or in furtherance of medical or scientific research. 14-6 (c) {to be modified by adding the following sentence} : '- "Additionally, any chain, leash or tie restraining an animal shall be not less than six feet in length and attached in such a manner so as to contain the dog within the bounds of the premises of the owner or keeper of the animal." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically decalred to be invalid or unconstitutional. 1 ... ORDINANCE No. 2002- 8 Approved by Mayor and Council this 6th day of May, 2002. Attest: y~p- A. Max Bacon, Mayor .. Susan D. Hiott, City Clerk City of Smyrna Approved as to form: 1.,rk~ ~ Scott A. Cochran, City Attorney City of Smyrna ... 2 .. ORDINANCE No. 2002-9 .. AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 14-42 and 14-43 OF SAID CODE, PROVIDING THAT THE MUNICIPAL COURT JUDGE MAY BANISH OFFENDING ANIMALS FROM THE CITY LIMITS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections 14-42 and 14-43 of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such section shall read as follows: The following sentence is added to Section 14-42 (i): "All violations of this section shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner or keeper's expense." Section 14-43 (b) to be modified by removal of the last sentence and insertion of the following: ... "Therefore, the owner or keeper thereof shall be cited into the Municipal Court to answer the charge made by the Affidavits. Upon conviction, the owner or keeper of such canine shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner's or keeper's expense." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically decalred to be invalid or unconstitutional. .. ORDINANCE No. 2002-9 Approved by Mayor and Council this 6th day of May, 2002. y~ A. Max Bacon, Mayor ... Attest: Susan D. Hiott, City Clerk City of Smyrna Approved as to form: Sco t A. Cochran, City Attorney City of Smyrna - 2 - A) Modifications to Sec. 14-6 '-' 1.) Add Sections as follows: 14-6 (a): "A person is in violation ofthis chapter when his or her act, omission, or neglect causes unjustifiable physical pain, suffering or death to any living animal." 14-6 (g): "This Code Section does not apply to killing of animals raised for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the applicable game and fish laws or to the killing or injuring of an animal for humane purposes or in furtherance of medical or scientific research." 2.) Modify 14-6 (c) by adding the following sentence: "Additionally, any chain, leash or tie restraining an animal shall be not less than six feet in length and attached in such a manner so as to contain the dog within the bounds of the premises of the owner or keeper of the animal." 3.) Change the ordinance numbering as follows: ~ 14-6 (a) = 14-6 (b) 14-6 (b) = 14-6 (c) 14-6 (c) = 14-6 (d) 14-6 (d) = 14-6 (e) 14-6 (e) 14-6 (f) 14-6 (f) = 14-6 (h) B.) Modification of Sec. 14-42 1.) Add the following sentence to Section 14-42 (i): "All violations of this Section shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner or keeper's expense." C.) Modification of Sec. 14-43 1.) Remove the last sentence of Section 14-43 (b) and insert the following: , "Therefore, the owner or keeper thereof shall be cited into the Municipal Court to answer the charge made by the Affidavits. Upon conviction, the owner or keeper of such canine shall be punished as provided in Section 1-8 herein. Additionally, the Municipal Court Judge may order the animal to be temporarily or permanently removed from the City Limits at the owner or keeper's expense." "-'