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10-17-2011 October 17, 2011 RIMPOP Mayor and Council Meeting October 17, 2011 All council members were present. Also present were City Administrator Eric Taylor, City Attorney Scott Cochran, City Clerk Susan Hiott, Keep Smyrna Beautiful Director Ann Kirk, Community Development Director Ken Suddreth, Library Director Mike Seigler, Budget Officer Monica Jones, Public Works Director Scott Stokes, Police Chief Stan Hook, Deputy Chief Mike Brown, Public Relations Director Jennifer Bennett, Management Fellow Kevin Klosterboer and representatives of the press. The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m. Mayor Bacon introduced Pastor Alan Scott of Cumberland Community Church, who conducted the invocation and led all present in the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that item A would be tabled until November 7, 2011. MAYOR'S REPORT Mayor Bacon announced a proclamation in recognition of Poppy Day and called upon Councilman Lnenicka to read aloud the document and make the presentation. (American Legion) Chairman Marilyn Roy wow announced that all proceeds were given back to disabled veterans and that all work was done by volunteers. She announced the dates and times that members would be available and encouraged all to participate. Mayor Bacon acknowledged Steve Ciaccio, Jason Lanyon and Larry Bowen, sharing that Mr. Ciaccio had saved the life of a Smyrna citizen who had fallen unconscious at the Community Center and called upon Mr. Taylor to provide the background. Mr. Taylor outlined the events and life-saving actions taken by the officers of car 600, Engine 3 and Mr. Ciaccio that had prevented the death of Mr. Bowen. The Mayor presented Mr. Ciaccio with a certificate of recognition and called on Chief Lanyon, who stressed the importance of CPR training and the fortuitous presence of Mr. Ciaccio at the time of the incident. Mayor Bacon commented that they had hoped that Mr. Bowen would be able to attend in person and Chief Lanyon stated that Mr. Bowen was recovering well. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) Public Hearing- Approval of Ordinance 2011-16, text amendment to Section 712 of the Zoning Ordinance with regards to allowing outdoor retail sales as a permitted use under the General Commercial zoning district- City of Smyrna To be tabled until November 7, 2011 Meeting (RN) MOTION: Councilman Newcomb moved to approve Ordinance 2011-16, text amendment to Section 712 of the Zoning Ordinance with regards to allowing outdoor retail sales as a permitted use under the General Commercial zoning district - City of Smyrna be tabled until November 7, 2011. Motion was WOO seconded by Councilwoman Pritchett and approved 7-0. October 17,2011 2 (B) Public Hearing - Zoning Amendment Request Z11-008 - Modification of currently approved site plan - 2.89 Acre Tract- Land Lot 382 - South Sherwood Road and Park Manor Drive - Arcadia Homes and Neighborhoods, LLC (MM) Mayor Bacon confirmed the presence of the applicant and acknowledged Mr. Taylor, who read aloud the background and highlighted that the request represented a decrease in density. Mayor Bacon stated that this was a public hearing and asked for comments. There were none. Mr. Ken Suddreth was called upon to present details of the request. He stressed that all previously approved conditions still applied, no zoning change was required and that the proposed site plan would alter the development from 40 town homes to 20 single family detached residences. Councilman McNabb asked that Mr. Suddreth confirm that there was no change to the homes planned on the lots directly adjacent to the Austin Lakes subdivision. Mr. Suddreth explained that the affected lots were on the interior of the development only and displayed those properties on a map. Mr. Suddreth stated that item#6 had been removed from the standard stipulations because it was not applicable based on the current stage of construction and that staff recommended approval. Councilman McNabb inquired about the consistent appearance of the development and Mr. Suddreth confirmed the proposed design blended with the existing homes. Mayor Bacon called on Mr. Garvis Sams,representing Acadia Homes,who provided details on the development's history and the requested change. Councilman McNabb asked Mr. Sams to confirm that his client was in agreement regarding the illumination of the brick paver top, set back distances and distance between homes. Mr. Sams replied in the affirmative. Councilman Lnenicka inquired about the anticipated pricing on the new homes and Mr. Sams stated that they would be in the 300K range with similar architectural style and composition to the other homes located in that development. Mr. Sams responded to Councilman Lnenicka's request for expected timeframe by stating that permits would be sought following approval of the zoning amendment request. MOTION: Councilman McNabb moved to approve Zoning Amendment Request Z11-008 - Modification of currently approved site plan - 2.89 Acre Tract - Land Lot 382 - South Sherwood Road and Park Manor Drive - Arcadia Homes and Neighborhoods, LLC along with the stipulation modifications to item 6 and 14 previously discussed. Motion was seconded by Councilman Newcomb and approved 7-0. Mr. Garvis Sams stated his pleasure at having worked with the current Mayor and City Council, thanking Councilmen Wood, Smith and Newcomb and wishing them well. Mayor Bacon stated that Mr. Bowen had arrived and asked that he be joined at the podium by Steve Ciaccio and Jason Lanyon. Mr. Bowen recounted the events of the day his incident occurred and expressed his gratitude to Mr. Ciaccio and the public safety personnel, whose quick attention he attributed as the reason he survived and a contributing factor to his speedy recovery. Mayor Bacon shared the extensive training safety personnel received and praised their effectiveness. MOO PRIVILEGE LICENSES: Mayor Bacon stated that there were none. FORMAL BUSINESS: October 17, 2011 (A) Public Hearing- Approval Ordinance #2011-17 for text amendment to Chapter 82, Signs, of the WNW Code of Ordinances with regards to shopping center signs - City of Smyrna (RN) Mayor Bacon acknowledged Mr. Taylor, who provided the background, highlighting that the signage in question was related to a fuel canopy and the height of the letters allowable on a sign. Mr. Taylor shared that staff had reviewed the request and recommended approval. Mayor Bacon stated that this was a public hearing and asked for comment. There was none. Mr. Ken Suddreth delivered a presentation to detail the reasons for the proposed amendments, providing examples and renderings and explaining that these changes were being proposed specifically to address large-scale developments. Mr. Suddreth stated that this item had been reviewed by staff and that approval was recommended. Councilman McNabb asked if the new standards would allow the operator of a fuel island to select the two sides where signage could be placed and Mr. Suddreth explained that the orientation of the signs would be at the discretion of the owner. Councilman McNabb asked if a height limitation would still be imposed and Mr. Suddreth responded that the 3' height maximum would apply. Councilman Newcomb addressed the importance of signage to business owners and the responsibility of placing aesthetic limitations on such. MOTION: Councilman Newcomb made a motion to approve Ordinance #2011-17 for text amendment VAMP to Chapter 82, Signs, of the Code of Ordinances with regards to shopping center signs - City of Smyrna. Motion was seconded by Councilman McNabb and approved 7-0. Councilman Newcomb inquired about the grand opening date of the Kroger and Councilman McNabb informed all present that the store was expected to open during the second half of January. COMMERCIAL BUILDING PERMITS: (A) Approval of a commercial building permit for Glock, Inc. - Construction of a new 60,000 sq. ft. manufacturing facility with a total estimated cost of$18,000,000.00 - Land Lots 535, 545 & 546 - 6000 Highlands Parkway (PW) Mayor Bacon called on Mr. Suddreth, who stated that Community Development had received some inquiries about the development and presented a map that displayed the purchases of ten tracts of land purchased by Glock that were already zoned as light industrial. Mr. Suddreth reminded all present of the ROW abandonment and opened the floor for questions. Councilwoman Pritchett inquired if the road abandonment had equally divided the property among owners on both sides as was the standard procedure. Scott Cochran confirmed that was the action taken and stated there was precedent for such. Councilman Wood commented on the amount of misinformation being disseminated and thanked Mr. Suddreth for his clarifications. MOTION: Councilman Wood moved to approve a commercial building permit for Glock, Inc. - Construction of a new 60,000 sq. ft. manufacturing facility with a total estimated cost of$18,000,000.00 - Land Lots 535, 545 & 546—6000 Highlands Parkway. Motion was seconded by Councilman Smith and approved 7-0. October 17,2011 4 CONSENT AGENDA: Mayor Bacon acknowledged Mr. Taylor, who read the consent agenda. (A) Approval of October 3, 2011 Mayor and Council Meeting Minutes (B) Approval to use Council Chambers on October 25, 2011 from 7:00 -8:30 pm for the Williams Park Neighbors quarterly HOA meeting for Ward 3. (C) Approval and adoption of 2 revised Personnel Policies relating to Disciplinary Action and Grievances and authorize Mayor to execute related documents (D) Approval and adoption of 4 revised Personnel Polices relating to Overtime/Comp Time, Time & Attendance, On-Call and Public Service Award and authorize Mayor to execute related documents (E) Approval and adoption of revised Personnel Policy relating to Inclement Weather and authorize Mayor to execute related documents (F) Approval and adoption of revised Personnel Policy relating to Tuition Assistance and authorize Mayor to execute related documents (G) Approval of Atkins Park Smyrna Beer Fest 2011 event date change to October 29, 2011 (H) Award RFQ 12 003 Tree Canopy Trimming to the lowest bidder Premier Tree and Shrub Care for their unit price of$144.00/hr and authorize the Mayor to execute any related documents (I) Award RFQ 12 004 Landscaping Projects for utility and infrastructure work to the lowest bidder Pebblestone Landscaping Group for the established unit pricing in the attached bid tabulation sheet and authorize the Mayor to sign and execute any related documents (J) Award RFQ 12 009 Water Sewer Systems Installation Repair and Replacements to the lowest bidder ArditoConstruction Company for their established unit pricing in the attached bid tabulation sheet and authorize the Mayor to sign and execute any related documents (K) Award RFQ 12 008 Street Sweeping to the lowest bidder Sweeping Corporation of America and authorize the Mayor to sign and execute any related documents (L)Approval of the 2012 Medical, Dental, Vision, Disability and Life insurance plans and Contribution Schedules and authorize Mayor to execute related documents. (M) Approval of No Parking Signs along interior side of the curve on Springleaf Circle beginning at 1466 Springleaf Circle and extend to 1476 Springleaf Circle (N) Approval of road closing of West Spring Street Tuesday and Wednesday, October 18-19, 2011 from 7:00 a.m. to 12:00 noon for Market Village HOA to conduct cleaning of buildings (0) Approval and adoption of revised Retirement Recognition Policy and authorize Mayor to execute related document. MOTION: Councilman Lnenicka moved to approve the Consent Agenda. Motion was seconded by Councilwoman Pritchett and approved 7-0 October 17,2011 5 Mayor Bacon stated that he had skipped item 6(B) Appointment of Ward 6 Representative to Planning and Zoning Board and called upon Councilman Lnenicka, who announced that Tom Woodward had own resigned from the Planning and Zoning Committee and would be missed. Councilman Lnenicka stated that the vacancy for the unexpired term would be filled by Denny Campo. MOTION: Councilman Lnenicka made a motion to approve the appointment of Denny Campo as the Ward 6 Representative on the Planning and Zoning Board. Motion was seconded and approved 7-0. COMMITTEE REPORTS: Council Member Pritchett called on Ms. Susan Hiott, who presented September statistics for Court Services. Ms. Hiott reminded all present that early voting had begun and provided upcoming voting dates and locations. She also made known that voters could request an application from the Cobb County Board of Election and cast their vote using a mail-in ballot. Councilwoman Pritchett stated that she had received an email from a resident asking for clarification of the DDA and called upon City Attorney Scott Cochran to share the function of that committee. Mr. Cochran stated that the Downtown Development Authority was a group created several years ago by an amendment to the Georgia Constitution. He stated that most cities the size of Smyrna have them and that they are designed to be a redevelopment vehicle used by cities. Mr. Cochran shared that the Smyrna DDA was unique in that it was established using an amendment to the Georgia Constitution and not just through an act of the City. Mr. Cochran relayed several projects conducted though the DDA including City Hall and the other public buildings surrounding Market Village. He provided the composition of the elected members of the DDA and that meetings were advertised and open to the public. Mr. Cochran esim encouraged anyone with further questions to contact him. Councilwoman Pritchett reminded all present that she was running for representative of Ward 1 and stated her platform. She highlighted the accomplishments during her previous terms and her leadership skills, asking all to vote for her in the upcoming election. Councilman Newcomb stated that he was not running for re-election and yielded with no further report. Councilwoman Anulewicz stated that HR had no report and commented on the unanimous vote for decreased density in the zoning case heard earlier. She pointed out the extent of recent public interest in Glock, commending Mr. Suddreth on his informative presentation. The Councilwoman mentioned to all present that Smyrna had annexed the property in question in 1979 and that it had retained its original zoning classification as light industrial. She elaborated that most neighborhoods in that area came into being in 2000. Councilwoman Anulewicz made known that the new school attendance zone maps were scheduled to be released the following day and that she would make available a link on her website, providing details of other locations where the proposed maps could be obtained. The Councilwoman mentioned early voting and encouraged all Ward 3 residents to participate even though she was running unopposed, sharing that residents could still vote on the Mayoral race and the Sunday sales initiative. Council Member McNabb asked that Ann Kirk deliver a report of Keep Smyrna Beautiful and the recent volunteer initiatives. Ms. Kirk provided details about the shredding event and locations for purchasing jonquils as well as leasing information for community garden plots. She thanked the Coney Elevator Company for their volunteer efforts and mentioned the upcoming IBM employee event. Ms. Kirk provided "" " statistics on the Adopt-A-Mile and Rivers Alive activities, expressing her gratitude to Keep Marietta Beautiful, the ATT Pioneers, the Vinings Rotary Club and the Kappa Sig fraternity from Kennesaw State University. She also thanked Virginia Davis and Melanie Hansel for their assistance in the garden club potluck dinner. October 17,2011 6 Councilman McNabb encouraged all to visit the community gardens and called on Scott Stokes to provide a report from Public Works. Mr. Stokes outlined the status of current projects, including the work being done on Gann Rd., the South Cobb Dr. improvement project, the Atlanta Rd. trail, the Campbell Bridge project, the abatement and demolition process at Hickory Lakes and the storm sewer at Riverline park. Councilman McNabb requested an estimated completion date for the projects on Campbell Bridge, Atlanta Rd. and the demolition of Hickory Lakes. Mr. Stokes estimated January for Campbell Bridge, that Hickory Lakes should be completed by February and that the Atlanta Rd. trail would be ready sometime near the beginning of spring. Councilman McNabb mentioned the passing of former City Clerk Willouise Spivey, commenting on her long term employment with the City, her energetic personality and the number of current Councilmen that had known her while she was with the City. He brought up the personnel policies that had been appearing on the last several agendas, stating that Council reviewed each of these items prior to their passing and cited the tuition assistance policy being tabled. He stated that he was running for re-election and spoke about the challenge of the multi-faceted position of being a representative, stating his pride in his accomplishments and at having served with his fellow councilmen. He attributed the open, above board meetings and free discussions between Council Members as one of the primary reasons for the City's balanced budget, high bond rating and large unrestricted reserves. Councilman Smith echoed Councilman McNabb's comments about the City meetings being open to the public and congratulated Mr. Ciaccio on his life-saving effort, asking that he provide a report for parks and recreation. Mr. Ciaccio provided a review of"It's My Park Day" and the movie on the green. Councilman McNabb called on Jennifer Bennett who discussed the details of the upcoming fall festival, reminding all present that the City's newsletter was provided along with the water bill. She encouraged all to follow the City's Facebook feed as well as highlighting other ways for citizens to stay informed of events. The Councilman asked that she confirm the dates of the festival, highlighting that there had been a typo in the --- recent Brightside publication and stating his concern that some citizens might think they had missed the event. He called upon Michael Seigler, who relayed the success of the recent stormtrooper event held at the library and informed all present of upcoming activities at the library, including a teen jam session and book sale. Councilman Lnenicka stated that Chief Stan Hook had no report and called on Jason Lanyon to provide the finding of the investigation into the use of fire trucks and political signage brought up at the previous meeting. Chief Lanyon stated that it had been determined that a kickball fundraiser was being conducted at Nickajack elementary and that the City's fire department had a team participating. He explained that about half of the team was off-duty and that there were two Smyrna fire trucks and one staff vehicle present at that event. He shared that there was also a private fire truck with a New York City emblem on the side that was being used for campaign purposes but that, at no point, were the City's trucks used for campaigning. The Mayor questioned the duration of time the vehicles were onsite and was informed that they were in attendance for the fundraiser with Councilman Lnenicka elaborating that one unit had been requested in the event there were injuries. Chief Lanyon confirmed that requests to have medically trained staff on-hand for such functions were common. Chief Lanyon commented on the importance of safety during Halloween, encouraging all to be cautious about children on the streets and reminded all of the approaching daylight savings, recommending that residents take the opportunity to replace smoke detector batteries. There was discussion about the life expectancy of smoke detectors. Councilman Lnenicka shared that he was running unopposed for re-election and thanked the residents of Ward 6 for their support. He noted the upcoming candidate's forum, sponsored by the Smyrna Business Association, providing details of its time and location and inviting all to attend. Councilman Wood recognized Monica Jones, filling in for Robert Porche, who provided quarterly financials for the City and reminded all that property taxes were due November 28th. Ms. Jones highlighted that overall expenditures to date were less and discussed the departments that were over budget supplying reasons for October 17,2011 7 such, including a payment to auditors by Finance, annual software updates by IT and seasonal personnel costs in Parks and Recreation. She stated that some departments affected by delays in capital spending were being monitored but that quarterly results looked better than last year. SHOW CAUSE HEARINGS: Mayor Bacon stated that there were none. CITIZEN INPUT: Mayor Bacon acknowledged Peter Malanova of Argo Rd, who attempted to display a video presentation on behalf of candidate Ziad Salameh but experienced difficulty with the audio. Mayor Bacon called upon Alex Backry of 3459 Shawnee Trail. There was no response Mayor Bacon recognized Mr. Al Graves, residing at 1079 Pinehurst Drive, who relayed a concern about charges added to the water bill and their regular increases. He opined that the fuel surcharge added in the past few months represented a back door tax increase to the millage rate and that money collected through water and sewer charges had been transferred into the general fund. Mayor Bacon acknowledged Jason Saliba, Ward 5 candidate, who discussed the importance of responsibility as a leadership quality. He shared his qualifications including 16 years as Deputy District Attorney, his public servant roles with the Cobb Safety Village,American Cancer Society, Leadership Cobb governing body and numerous other organizations. Mayor Bacon called on Judy Ussing, 1005 Mill Pond Dr., who commented on matters related to Smyrna Commons including a Patch interview and vote by Councilman Lnenicka as well as remarks made by Councilwoman Pritchett. She addressed statements by Councilman McNabb that the city needed to purchase right of way and questioned why the owner of the property was not the one financially responsible for that access. Ms. Ussing referenced Councilman McNabb's presentation on Smyrna Commons, highlighted his explanation pertaining to the need for a quick closing and questioned the competitive offers based of the timeframe needed for due diligence. She discussed market conditions at the time of the purchase and opined that banks would not have loaned money on Smyrna Commons given its condition. She commented on the amount of money spent on renovations for a property now scheduled for demolition. Mayor Bacon recognized Judy Causey Jones, 1007 Oakview Dr., who commented on the procedures outlined on the published agenda, citing that the guidelines about campaign forums were not being upheld. Ms. Jones expressed her concerns about the relationship between Glock, Glock Professional and Consultinvest as she had researched them with the State of Georgia. She provided addresses and employees of those organizations and questioned if the residents that sold to Consultinvest had been cognizant of that company's affiliation with Glock. Ms. Jones made known her opinion that the Mayor and Council's actions were tantamount to malfeasance of office and could be addressed by voting them out. Mayor Bacon called on Susan Wilkinson of 2805 Stonecreek Rd., who stated her candidacy for tom representative of Ward 5 and provided her background. She shared her objectives and experience, including the numerous city projects in which she had been involved and her roles as a professional, a parent and a concerned citizen. Mayor Bacon acknowledged Corky Welch, 870 Austin Dr., candidate for Ward 4 who thanked citizens for attending his meet and greet, citing special gratitude to Ms. Mary Hanby for her historical October 17,2011 8 knowledge. Mr. Welch recognized the efforts of city employees that participated in the "Its My Park" initiative, encouraged all to vote and provided his website corkyforsmyrna.com. ■_,_ Mayor Bacon called on Vic Yankouski of 3905 Plumcrest Rd., who stated that he was a candidate for Ward 7. Mr. Yankouski informed all present of his background, sharing that he had received degrees in both Economics and Mechanical Engineering from Georgia Tech. He made known that he had knocked on over 3000 doors during his campaign efforts and that among the concerns of those he met was the use of heavy commercial vehicles on the Glock development site. Mr. Yankouski cited a recent accident involving an overturned top soil transporter despite the presence of a flagman. He asked for support in the upcoming election and provided his website www.electvic.com. Mayor Bacon acknowledged Donna Short Woodham of 2616 Hughes St., who stated that she was running for Mayor of Smyrna. Ms. Woodham shared her campaign efforts and thanked all for their hospitality. She stated her platform, including items such as increased pride in communities and schools, cessation of short-term development and clear cutting, improved management of SPLOST revenue and increased protection of neighborhoods through more stringent ordinances and zonings. Ms. Woodham commented on the lack of a walking trail in the new Kroger development and the price range of new developments being too expensive for citizens, citing public safety personnel as an example. Mayor Bacon began addressing the accusation of malfeasance and was interrupted with comments from the floor. The Mayor stated that it was known that Consultinvest was Glock and that, while he hoped the people that sold their homes were knowledgeable about the buyer, he could not say. He made known that the acreage in question did not belong to the city and that the application for the screen buffer was made by Consultinvest which was known to be Glock at that time and that there had been a public hearing with citizens encouraged to attend. Councilman McNabb responded to the comment that a bank would not have loaned money on Smyrna Commons, explaining that the purchase of properties similar to Smyrna Commons were considered favorable and positively influenced bond ratings. Councilman McNabb stated that the matter of the right of way had been planned in advance of the proposed Belmont Hills development and that such acquisitions fell under the purvey of municipalities. He elaborated that the right of way in question was part of the traffic evolution plan intended to help reduce traffic on the Windy Hill corridor. Mayor Bacon commented on the construction traffic at the Glock site and the need for vehicles to have an access point,remarking on the presence of the flagman for that purpose. ADJOURNMENT With no further business, the meeting was adjourned at 9:17 o'clock p.m. October 17, 2011 9 7-- v v G (..# ,L,03.......... A. MAX BACO , MAYOR SU AN D. HIOTT, CITY CLERK / 1 / , _ , ,I - / i , L.x lwY MELD Y P�>I CHETT, WARD I RON NEWCOMB, WARD 2 gi ,, )17'a rail-- TERI ANULEWICZ d ARD 3 MIC MCNABB, WD\ / i 1 , .j I RbA I I jArbir' d I I I l:/ 4 .7 H, WA' 5 WADE S. LNENICKA, WARD 6 Ciae,„PaA, (26-023C2' INF011 CHARLES PETE WOOD, WARD 7 WNW I. ORDINANCE NO. 2011-17 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CITY OF SMYRNA CODE OF ORDINANCES, SECTION 82 SIGNS BE AMENDED, AMENDING SECTION 82 DEFINITIONS AND 82-15 REQUIREMENTS FOR ALL SIGNS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 82-2 Definitions be amended by removing the definition of planned shopping development in its entirety and be amended to read: Planned shopping development means two or more stores or office spaces containing a minimum of 20,000 square feet of covered floor space on one or more lots provided that it was originally designed and developed under one name according to an officially approved site development plan. That Section 82-2 Definitions, be amended by adding the following definition: Fuel Island Canopy means a lighted, free standing roofed structure that is open on all sides and is located directly over one or more fuel islands. That Section 82-15(b) (1)a be removed in its entirety and amended to read as follows: a. Areas designated as community medical facility,planned industrial park or planned shopping development shall be permitted one freestanding ground based monument sign per development (community medical facility and planned shopping center) or per lot (planned industrial park) with a three-foot high brick monument base being a maximum of 25 feet in height and the total area of each sign face not exceeding 150 square feet. The sign height shall be measured in a plane from ground level to the top of the sign. 1. This structure shall be a type of sign that will provide space for all businesses in the center. 2. Individual signs qualifying as wall or fascia signs may be peg pitted for individual businesses within the center. Square footage will be determined by the following formula: one square foot multiplied by the number of feet of building frontage the store occupies within the center. The total permitted area may be increased at a rate of 15 percent for every 50 feet of building setback from the right-of-way. In no instance shall the total sign area exceed 325 square feet. If the individual business has road frontage on two or more public roadways, the business shall be permitted one wall or fascia sign on each public roadway. 3. Sign letter height may not exceed three feet unless located within a planned shopping development consisting of 10 acres or more, in which case the height of individual letters for individual tenants having at least 45,000 square feet of retail space, may be increased using the following formula: Three feet of letter height is permitted for every 100' of building frontage the store occupies within the center (i.e. 400' of building frontage would Sign Ordinance Text Amendment—Planned Shopping Developments allow up to 12' in letter height) with a maximum height of 15'. Any fractional increases created by the above formula will not be considered and will be rounded down to the smaller number. 4. For planned shopping developments consisting of 10 acres or more, the number of walls signs for an individual tenant having at least 45,000 square feet of floor area may be increased to two (2) provided the total area of both signs does not exceed 325 square feet. That Section 82-15(b)(2) be amended to add paragraph"c", the following: c. Two signs per fuel island canopy are allowed. Each sign may have a maximum of 40 square feet in area. Signs can either share a canopy face or be on different faces. Fuel Island canopy structures located on multi-frontage lots may have one sign per street frontage. 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. Approved by Mayor and Council this 17th day o p I c y ,/, 21,E Attest: A Max Bacon, Mayor .Gf /12 . MOM Susan D. Hiott, City Clerk City of Smyrna App i.ved as to form: .% Scott A. Cochran, City At o - • — City of Smyrna 2 2011-18 ORDINANCE NO. 2011-18 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, CHAPTER 94,ARTICLE II BE AMENDED BY ADDING SECTION 94-28 CHARGE ON PREPAID WIRELESS TRANSACTIONS WHEREAS, The City Council of the City of Smyrna provides Enhanced 9-1-1 services for the citizens of the City of Smyrna and operates a 9-1-1 public safety answering point; and, WHEREAS, The City Council of the City of Smyrna, Georgia has adopted a resolution(s) imposing 9-1-1 charges on landline and wireless telecommunications with billing addresses within the City of Smyrna, Georgia; and, WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, as amended by Act No. 187, Georgia Laws 2011, authorizes counties and cities that operate a 9-1-1 public safety answering point to impose a 9-1-1 charge on prepaid wireless service at the retail point of sale; and, WHEREAS, pursuant to Code Section 46-5-134.2 of the Official Code of Georgia Annotated such charges may be imposed at the rate of 75 cents per retail transaction; and WHEREAS, revenues received by a county or municipality from such charges must be deposited in the emergency telephone assistance fund maintained by the county or municipality; and WHEREAS, imposition of the charge on prepaid wireless service is contingent upon the enactment of an ordinance or resolution of the county or municipality; and NOW, THEREFORE, BE IT RESOLVED that, The City Council of the City of Smyrna, Georgia does hereby ordain as follows: That Section 94-28 of Chapter 94,Article II, 9-1-1 Charge on Prepaid Wireless Transactions be added to the Code of Ordinances of the City of Smyrna, Georgia Section 94-28 - 9-1-1 Charge on Prepaid Wireless Transactions In accordance with O.C.G.A. § 46-5-134.2, there is hereby imposed a prepaid wireless 9-1-1 charge as defined by O.C.G.A. § 46-5-134.2(a)(4) upon every prepaid wireless retail transaction occurring within the jurisdiction of the public service answering point in the amount of 75 cents. (a)Collection of 9-1-1 Charge on Prepaid Wireless Transactions OW Prepaid wireless 9-1-1 charges collected by sellers shall be remitted to the Commissioner of the Department of Revenue at the times and in the manner provided by Chapter 8 of 2011-18 Title 48 of the Official Code of Georgia Annotated with respect to the sales and use tax .0 imposed on prepaid wireless calling service. (b)Administrative Provisions The Clerk of the City is hereby directed to file with the State Revenue Commissioner a certified copy of this ordinance and amendments thereto, in accordance with O.C.G.A. § 46- 5-134.2(j)(1), within ten (10) days of enactment of this ordinance. (c) Depositing of Funds; Use of Funds In accordance with O.C.G.A. § 46-5-134.2(j)(5), funds received by this city from charges imposed by this ordinance shall be deposited in the Emergency Telephone System Fund maintained by this city pursuant to O.C.G.A. § 46-5-134 and kept separate from general revenue of the jurisdiction; all such funds shall be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134 (f). (d) The ordinance shall become effective January 1, 2012. All ordinances and parts of ordinances or regulations in conflict with this ordinance are hereby 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. Approved by Mayor and Council this 7th day of November, ..."-4.11:1;1:111.°Pe A. Max Bacon, f ayor r-A7ST: Susan D. Hiott, City Clerk Ape, oved as to form: Scott Co hran,Attorney ORDINANCE NO. 2011-19 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, THAT SECTIONS REQUIRING ELECTRONIC RECORDS, OF ARTICLE III, CHAPTER 22, PAWNBROKERS BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections mandating use of electronic records within Article III, Chapter 22 of Pawnbrokers of the Code of Ordinances of the City of Smyrna, Georgia, be suspended until November 21, 2011. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective of this ordinance. e date 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. Approved by Mayor and Council this 7th day of November, 2011 es / t' A. Max Bacon, Mayor -44 AI Su an D. Hiott, City Clerk City of Smyrna Approved as to form: J 4 —��_ _ Scott A. Cochran, City • • - City of Smyrna