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02-18-2013 February 18, 2013 Mayor and Council Minutes :M c lerig 2800 King Street City of Smyrna Smyrna, Georgia 30080 Meeting Minutes - Final City Council Council Chambers Monday, February 18, 2013 7:30 PM Call to Order 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 Present: 8- Mayor Max Bacon, Councilmember Melleny Pritchett, Councilmember Andrea Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Wade Lnenicka and Councilmember Ron Fennel IPOPNW Also Present: 18- Jason Lanyon, Toni Jo Howard, Christy Ullman, Kay Bolick, Steve Ciaccio, Scott Stokes, Ken Suddreth, Russell Martin, David Lee, Jessica Melton, Samantha Kasraie, Jeffrey Tucker, Tammi Saddler Jones, Chris Addicks, Jennifer Bennett,Ann Kirk, Rachel Ballard, Dustin Davey and representatives of the press 1. Invocation and Pledge: Reverend John Herst delivered the invocation and led all present in the pledge 2. Agenda Changes: Mayor Bacon advised there were none 3. Mayoral Report: Performance by "The Spiritual Aires" In Honor of Black History Month Sponsors: Blustein Mayor Bacon called on Tammi Saddler-Jones to review the events at the Smyrna Library in recognition of Black History Month. She relayed the upcoming activities and advised all of where to locate additional information. Councilwoman Anulewicz shared the event to be held at Campbell Middle School and introduced the singing group, the Spiritual Aires,who performed three songs. fINEIMP Proclamation in Recognition of Georgia Arbor Day Sponsors: Welch Mayor Bacon called on Councilmember Welch,who read aloud a proclamation February 18,2013 that February 15, 2013 was Arbor Day in Georgia and recognized the Smyrna Tree Board. Councilman Welch shared that this was the tenth year that Smyrna had been recognized and that Ms. Kirk,along with Ms. Bennett, had travelled to Washington to accept the first place award for the creative use of the"Littering Is Wrong" campaign for national non-profits. He stated that Smyrna also had received the second place National Affiliate award for excellence in overall programming and results. Ann Kirk called on the Tree Board members present to come forward to accept the awards. She introduced those present and named those who were unable to attend. She then recognized member Angie Bolton,who had been awarded the Mrs. Lyndon B Johnson award and the National Volunteer of the Year award. Mayor Bacon thanked all the volunteers of Keep Smyrna Beautiful for a job well done and for their efforts that made Smyrna a great place to live. He recognized Sue and Larry Brissey,who had been active in cleaning up Smyrna before Keep Smyrna Beautiful was formed. Ms. Kirk thanked the Mayor and Council for their ongoing support of Keep Smyrna Beautiful that made it possible to win these awards. Presentation of Tree City USA Award Sponsors: Blustein Councilwoman Blustein called on Ken Suddreth, who introduced Carl Valenzano and presented the 10 year Tree City USA award to the Tree Board. He displayed the plaque to Mayor and Council and advised the award would be displayed in the Community Development office. Mr. Suddreth stated that there NNW was a$2 per capita requirement for tree city status that could be calculated by volunteer labor, time and actual dollars. He made known that the City met the criteria through a combination of all. Mr.Valenzano addressed all those present,expressing his gratitude and acknowledging that he was among the original Board members. Presentation of Keep Smyrna Beautiful 2012 National Awards Sponsors: Welch 4. Land Issues/Zonings/Annexations: Mayor Bacon advised that he would break away from the normal agenda, moving to item 6D,acceptance of the donation of a Healing Garden for Taylor-Brawner Park from the estate of Charyn Darby. Eric Taylor provided details of the circumstances resulting in the gift of the garden which would be located in the back half of the Taylor-Brawner Park property.Councilman Welch acknowledged Mrs. Darby's family and Ms.Ann Kirk delivered a presentation on plans for developing the garden. MOTION: Councilman Welch moved to approve the item. Councilman Lnenicka seconded the motion. Councilman Lnenicka praised the dedication and love for the City of Smyrna displayed by Ms. Darby throughout her lifetime and expressed his gratitude to her estate for the generous gift. MAW Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 2 Amy February 18,2013 NNW Public Hearing - Zoning Request Z12-009 - Modification of currently approved site plans and building elevations - 6.42 Acre Tract- Land Lots 620 and 677 -4560 South Cobb Drive - Columbia Properties, Inc. Sponsors: Lnenicka Eric Taylor provided the background of the property on the corner of South Cobb Dr.and East-West Connector, formally the Home Depot landscape supply store. He advised that the property had been rezoned after the Home Depot closed and that the developer was requesting a zoning amendment to subdivide the four currently approved parcels into seven individual parcels, including a bank,auto parts store, office space, retail space and two fast food restaurants. Mr.Taylor shared that Community Development recommended denial. Mayor Bacon asked all those wishing to speak come forward and be sworn in. Councilman Lnenicka called on Ken Suddreth, who delivered a presentation on the proposed zoning amendment. Mr. Suddreth explained the background,use information, and the proposed zoning changes by the applicant. He displayed the zoning maps,commercial classification and the currently approved building elevations. Mr. Suddreth explained the new proposed site plan for freestanding buildings and signage. He stated that Community Development recognized that economic conditions were different today than when the plan was originally approved; however,totally changing the plan for economic reasons would only be beneficial for a short period of time. He stated these buildings would have a life expectancy of 30 years and recommended taking into consideration the optimal long term use. Councilman Lnenicka inquired about signage and parking variances. There was discussion about the economy and the fact that,other than the RaceTrac and the Eye Group that there had been no further development on that site. Garvis Sams with the law firm of Sams, Larkin& Huff announced that he was representing Columbia Properties in the rezoning matter. He introduced Dan 0' Neal (Head of Columbia Properties), David Shanihan (project manager),Jeremy Petit(Del Taco), Mike Neal(Krispy Crème), Mark Lacraw (AutoZone)and site planning engineer John Paulson. He advised that the application was to approve an amendment to the existing site plan, advising it has been tabled twice before. He shared that Columbia Properties had owned the property since 2008 and had been an excellent steward of the property, highlighting the funds they had already expended on improvements. He noted that the existing stipulations did not disallow build out of the proposed uses. Mr. Sams commented on the increased tax base generated by the long-term leases from the businesses prepared to occupy the property and that the amendment represented a more efficient site plan and would better serve the needs of the incoming tenants. Mr. Sams requested that the City not squander an opportunity because these businesses might not be considered"cool"or "unique" as outlined in the staff report. He stated that the original plan did not appeal to tenants and asked that Mayor and Council support flexibility and embrace proven,successful businesses. Mr.Sams announced that the portion of the request regarding signage for Krispy Kreme was the only inconsistency with the original zoning and requested that the amendment to the zoning be granted. Councilman Lnenicka thanked Mr.Sams,acknowledging that Colum bia Properties had been good stewards in regards to the property.The Councilman 3 February 18,2013 reviewed occupancy of the surrounding shopping centers, making note of vacancies and clarifying that a portion of those complexes was located outside ..MW4 the city limits. Councilman Lnenicka expressed that the originally approved design for multi-tenant, multi-user retail and offices appeared to be successful in that area and inquired why Columbia wished to change from that format. Mr. Dan O'Neal advised that the majority of those properties had gone back to the bank and been resold,resulting in the new owners'ability to offer space below new construction cost. Mayor Bacon expressed concerns raised about cars being worked on in the parking lot of the AutoZone and questioned what restrictions might be placed on such activity. Mr. O'Neal advised that the construction of the AutoZone would draw other businesses,informing all present that the AutoZone was purchasing the property and so Columbia would not have a say in restrictions; however, he shared that restrictions had been put in place in the original plans that prohibited that type of parking lot activity. Mayor Bacon requested the site plan be displayed and Mr. Sams explained the variation being requested. Yona Hackle of 224 Highlands Ridge Place expressed her disappointment in the plans for the businesses approved. She raised the issue that the existing traffic light currently did not effectively control that location and would be inadequate in accommodating additional businesses. Mary Kirkendoll, residing on Oakv iew,opined that other companies should be placed at that location. Harold Richart, a Westchester Commons homeowner,stated that he bordered the west end of the property and made known that the proposed greenery behind the RaceTrac had not been installed. Mayor Bacon questioned if something promised had not been done and Mr. Richart said there was suppose to have been a green belt put there to block light and sound. Councilman Lnenicka requested that Ken Suddreth review the original zoning plans for the Westchester Commons area, mentioning his observations that the few trees that were planted around that business appeared to be dying. Mayor Bacon advised that the City of Smyrna did not own the property and could not dictate the types of businesses built there. Ken Suddreth advised that there were 5 corridor design variances and 4 sign variances which related to the Kripsy Creme. Mr.Suddreth stated development was tied to elevation. Councilman Fennel commented that Smyrna did not own theshopping centers being discussed and, while recognizing the des ire for a high rise development, the economy was not conducive to such a project. He statedhis position as a private property rights advocate and his opinion that activityon this property would spur growth in that area. Mr. Sams addressed theconcerns regarding landscaping and that work was progressing on theretention pond and landscaping of that area. Councilwoman Anulewicz remarked on the benefits of the halo effect and that, while the City did not own the properties, they could ensure aesthetic consistency and appeal. She expressed that the proposed businesses were allowed uses and that she was inclined to follow the recommendation of staff. Councilman Lnenicka recognized Mr. Sams,who encouraged Council to take -•woom the opportunity to kick start the property. He cited the facts that no other entity had the ability to pull together companies willing to spend millions of dollars in development and that both the Ra ceTrac and The Eye Group supported the 4 February 18,2013 proposed plan. Councilwoman Blustein commented that even though she supported high dollar high-rises with skyline views that Smyrna had empty spaces where similar developments had not worked out. She stated that she was leaning toward approving the project. Councilwoman Pritchett acknowledged that the proposed uses were permitted and that Columbia had a great reputation. She brought up the Akers Mill shopping complex and the changes that had occurred there over the years, expressing her support of jumpstarting development by supporting approval of this request. Councilman Fennel acknowledged the challenging nature of this item in that it represented the first major zoning issue for this particular Council. He expressed his concerns about the traffic pattern and the light at Gaylor St., noting that it was currently inadequate to accommodate west bound traffic. While wanting to support the new plan, he stated that his concerns about the traffic issue and a desire to address the matter with the DOT led him to want to table the item. Mayor Bacon advised that a tabled to date was required. MOTION: A motion was made by Councilmember Fennel to table until March 18, 2013 and seconded by Councilmember Anulewicz. The motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Mayor Bacon asked that Mr.Suddreth contact the DOT to get details on changing the timing of the light on Gaylor St. Councilwoman Pritchett advised that she voted to table in order to allow for a meeting between Council and Columbia Properties to address issues for landscaping. She noted that the County controlled the traffic light and that a meeting with Cobb DOT would have to be scheduled separately with recommendations provided to Mayor and Council. Mr. Sams asked if Mr.Croy would be available to act as the liaison between the City and his staff. Mayor Bacon stated that he wished to retain the interested businesses but agreed that the traffic matter needed to be addressed. Councilman Lnenicka stated that he had agreed to table because he had questions other than traffic and wanted the opportunity to discuss those matters. He informed all present that since this was not a change in zoning that there was no waiting period.The Councilman indicated that details about architecture, materials to be used and paint color as well as the proposed variances needed to be reviewed. He requested that Mr. O'Neal be involved in those discussions and offered to meet with him. Mr. Sams stated that he would contact DOT regarding the light. He advised that the architecture and masonry components were consistent with what was already in that area and that companies would want their branding components to remain. A motion was made by Councilmember Fennel,seconded by Councilmember Anulewicz,that this Zoning be approved.The motion carried by the following 5 February 18,2013 vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember ...a Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 5. Privilege Licenses: The Mayor stated that there were none. 6. Formal business: Public Hearing - Approval of Amendments to Chapter 82 of the City Code of Ordinances (Sign Code) for Temporary and Electronic Signs - City of Smyrna Sponsors: Blustein Eric Taylor provided background that a committee of local business owners was established to work with Community Development to recommend proposed changes and modifications to the city sign ordinance. Mr. Taylor made known that the proposed cha nges had been reviewed by the city attorney and that staff recommended approval. Ken Suddreth recognized Smyrna's citizen of the year,Jay Wallace of Adventures Outdoors,following which he outlined the proposed changes to the ordinance. Comments and expressions of gratitude were made by Mr. Wallace and Floyd Sims, members of the Sign Committee.The Mayor announced the public hearing and called for comment. There was none. WIMP Councilwoman Wilkinson thanked Jay Wallace and Floyd Sims for serving on the committee along with Jeff Kendrick and Sean Murphy who were not present. She shared her concerns regarding the high level of visual clutter and the need for a temporary sign amendment. She noted that many successful businesses did not rely heavily on signage and that the proposed amendment would not effectively address the amount of visual clutter. Councilwoman Wilkinson noted that the reading of signs distracted motorists and increased hazardous conditions. She opined that the current sign ordinance was lenient in comparison to other metro Atlanta cities and that adding more options would make enforcement more difficult and expensive. Councilwoman Wilkinson stated that it would have been preferable to have residents on the sign committee to ensure representation of the large number of neighborhoods situated near commercial locations. Councilman Lnenicka requested that Councilwoman Blustein consider amending her motion regarding electronic signs to increase changing the message every 30 seconds to one minute Councilman Fennel remarked on the importance of advertising to a retail business and that Smyrna needed to be supportive of businesses capturing customers with signage. He advised that he supported the ordinance. Councilwoman Anulewicz commented that she supported the ordinance as well and that it could always be revisited if further amendments were required. Mayor Bacon shared that he had met with businesses on South Cobb Dr.and that their primary concern was signage. He noted that many signs were illegal 6 February 18,2013 and looked terrible,sharing his hope that the new ordinance would facilitate mo „„ enforcement by the City. MOTION: Councilwoman Blustein moved for the approval of ordinance 2013-03 which were amendments to chapter 82 of the city code of ordinances for temporary and electronic signs. Mayor Bacon clarified that the change would include electronic signs to change from 30 to 60 seconds on the new ordinance. Councilwoman Anulewicz made a motion to second. The motion carried by the following vote: Aye: 6- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Lnenicka and Councilmember Fennel Nay: 1 - Councilmember Wilkinson Mr. Suddreth asked for clarification regarding A-frame signage on road frontage. He asked if it the ordinance should allow corner lots to place displays on two sided and it was confirmed. Approval of Ordinance 2013-02 to Amend Section 22 to Include Article IX, Mobile Food Vendor, to Chapter 22, Section 22-299, 22-300, 22-301, 22-302 and 22-303 - City of Smyrna Code of Ordinances Sponsors: Anulewicz Mr.Taylor advised that food vendors were doing well and highlighted the success of Food Truck Tuesdays. He informed all present that staff had evaluated a number of issues and made recommendations for mobile food vendors that ensured their operation within a set of regulations that would not detract from brick and mortar restaurants. He noted that the proposed ordinance would be applicable to food trucks,food trailers and push carts. Mr. Taylor stated that the item had been reviewed by the city attorney and that staff recommended approval. Councilwoman Anulewicz inquired if additional details would be provided and the Mayor called on Government Fellow Jessica Melton,who presented an overview of the ordinance. Councilwoman Anulewicz expressed her gratitude to Ms. Melton and opined that Food Truck Tuesdays was a great amenity for residents in the vicinity of Taylor Brawner Park. A motion was made by Councilmember Anulewicz,seconded by Councilmember Pritchett,that this Ordinance be approved. The Mayor called for comment. Councilman Fennel shared that he had originally voted against the mobile food truck event. He acknowledged that the ordinance addressed his initial concerns and made known his support. Councilman Lnenicka inquired if vendors would be disallowed in the Village Green area and in front of Market Village during city sponsored events as a result of the 200 ft. stipulation. He recognized that the ordinance provided for the adoption of"red zones" and questioned if "green zones" could be added. Ms. Melton advised Mayor and Council that a vote to establish red zones was required and that the restaurants in Market Village would be asked to sign an 7 February 18,2013 agreement to permit food trucks to attend festivals. Mr.Taylor noted that 200 ft. was well outside the area where the mobile vendors would set up. Councilman Lnenicka questioned the extra step of requiring staff to acquire signatures from existing businesses and questioned what would occur if a business owner refused to agree,was unavailable or ill.The Councilman asked if a signature could not be obtained would City sponsored functions utilizing mobile vendors be able to proceed. Ms. Melton suggested modifying the ordinance to include an exception clause. Councilman Lnenicka stated that if an amendment could be made that excluded city sponsored events he would support the motion. Jeffrey Tucker drafted a change to paragraph Q and Councilman Lnenicka suggested also adding the Village Green area. There was discussion about capturing the amendment on the vote tracking system. Mr.Tucker read aloud the amended portion of the ordinance to read "This provision shall not apply to mobile food vendors operating by invitation of the city during city sponsored or city approved events in the Smyrna Market Village or Village Green". A motion was made by Councilmember Lnenicka,seconded by Councilmember Fennel,that this Ordinance be approved with condition(s).The motion carried by the following vote: 7-0 Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Appointment of Civil Service Board Clerk Sponsors: Lnenicka ...m Councilman Lnenicka explained that Rachel Ballard was hired as the new Human Resources Manager and that traditionally that position has been appointed as the Clerk to the Civil Service Board; one appointed by Mayor and Council, one appointed by the employees of the Police&Fire Department, and the third appointed by the other two. The Councilman explained that they reviewed disciplinary and adverse action appeals in the Public Safety Departments by the covered employees.Councilman Lnenicka made known that the Clerk's duties included the keeping of minutes, notification of meetings and acting as liaison between the City and the citizen members of the Board. A motion was made by Councilmember Lnenicka,seconded by Councilmember Anulewicz,that this Authorization be approved. The motion carried by the following vote: 7-0 Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel Accept the Donation of the Healing Garden for Taylor Brawner Park from the Estate of Charyn Darby Sponsors: Welch Mayor Bacon advised Item D was already covered being the acceptance of the healing garden at Taylor-Brawner Park. .01..14 Adopt a Resolution Approving the Renaming of a portion of the 8 February 18,2013 EastNVest Connector to "Silver Comet Parkway" Sponsors: Fennel Councilman Fennel advised that the proposed renaming would be that stretch of road from the Atlanta Rd intersection at the East-West Connector west to the portion named Ernest Barrett Pkwy. He elaborated that the stretch be known as The Silver Comet Parkway in tribute to the fact the City of Smyrna is the origin of the trailhead of the Silver Comet. He read aloud the resolution stating the Smyrna City Council formally requested the Cobb Board of Commissioners to join Smyrna in urging the Cobb County Commission to proceed with necessary steps for formal adoption for the renaming of that portion of the East-West Connector. A motion was made by Councilmember Fennel,seconded by Councilmember Lnenicka,that this Resolution be approved.The motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wlkinson, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits: The Mayor stated that there were none. 8. Consent Agenda: Eric Taylor read the agenda for council approv al. Approval of February 4, 2013 Mayor & Council Meeting Minutes Approval of Agreement with the Carl Vinson Institute of Government (CVIOG) to Conduct an Independent Assessment of Police Personnel and authorize the Mayor to sign and execute contract. Sponsors: Fennel Approval of Intergovernmental Agreement for Title Ad Valorem Tax between the City and Cobb County and Authorize the Mayor to sign any related documents. Sponsors: Anulewicz Submission of LMIG, Local Maintenance & Improvement Grant application in the amount of$289,620.44 for eligible transportation projects and authorize the Mayor to execute any associated documents. Sponsors: Welch Approval to use Council Chambers on February 24, 2013 from 5:00 - 8:00 pm for the annual Creatwood at Vinings Homeowners Association Meeting Sponsors: Lnenicka Approval to use Council Chambers on March 7, 2013 from 7:00 - 9;00 9 February 18,2013 p.m. for a meeting to be hosted by Williams Park Neighborhood Sponsors: Anulewicz mow A motion was made by Councilmember Fennel,seconded by Councilmember Lnenicka,that this be approved. The motion carried by the following vote: Aye: 7- Councilmember Pritchett, Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 9. Committee Reports: Melleny Pritchett shared that the Granicus system was operational though not anticipated to stream live video until March 18th,with a trial run to be conducted on March 4th. She made known that announcements would be made on both the city's web page and social media feeds. Councilwoman Blustein called on Ken Suddreth,who delivered a report on Community Development. He highlighted that a large number of new home permits had been issued this year and that they exceeded last year. Councilwoman Anulewicz called on Tony Jo Howard,who advised that the fiscal year 2014 budget process was underway. She noted that the integration of the Tyler Munis software package was ongoing and that it would assist in reporting.There was no report from Community Relations.Councilwoman Anulewicz informed all of the events in recognition of Black History Month taking place at the library and Campbell Middle School, stating that she would supply additional information on her facebook page. She noted that a .,.s celebration of Brown Elementary through the years would be conducted on March 3rd and that on March 7th there would be an informational meeting at City Hall to meet with the principal of the new Smyrna Elementary School, Brett Ward. Councilman Welch introduced Ann Kirk,who thanked the Tree Board for their efforts with the Arbor Day festivities held at the Community Center where over 70 attended. Ms. Kirk recognized her Assistant Director Virginia Davis for her vital contributions to the success of Keep Smyrna Beautiful. She advised all present of a shredding event to take place on March 16th and provided details. Councilman Welch commented on the excellent quality of the Arbor Day event and speakers. He called on Scott Stokes,who provided a report on the status of Public Works projects. Mayor Bacon reminded him to speak with Carmen Wright. Mr.Stokes advised that the Belmont Connector SPLOST project was still under way and ahead of schedule. He suggested that everyone try the roundabout on Ward St. and noted that problems were anticipated until people were familiar with the signage. He stated that the widening of Concord Rd. was under way and that utility relocations were taking place. Mr.Stokes mentioned the Belm ont sewer lift station,water main replacements on Cimarron Ct., Comanche Ct., Dogwood Cir.and Ashwood Dr.,and provided the status for the storm sewer project on Terry Myers Dr. He noted the award for an upcoming storm sewer project and a prebid meeting for a SPLOST project. Mr. Stokes stated that a collection of easements for Concord Rd at N.Cooper Lake was being compiled and that repairs had been made to the sidewalks on Atlanta Rd., Hawthorne Ave.and Davenport St. He made known that Public Works submitted a purchase order for striping in Ward 7 and that the bio diesel project was producing approximately 250 gallons and running smoothly. 10 February 18,2013 Mayor Bacon inquired about the types of liquids accepted and Mr.Stokes advised that only oil could be processed. He noted that certain businesses were working with the City on separating grease from oil. Mayor Bacon asked if any projects were pending that required a bid and was informed that there were projects that required discussion. Councilman Lnenicka commended the excellent work being done by the Smyrna Police Department and mentioned a domestic call that resulted in a marijuana bust in Ward 4. Councilwoman Wilkinson thanked Tammi Saddler-Jones for her report and announced that the new library director, Mary Wallace Moore, would be starting February 25th. She then called on Steve Ciaccio,who gave a report on the Parks and Recreation Department, including the first annual bridal show that had been held the previous weekend with about 70 attendees. Mr.Ciaccio advised that the SPLOST project at Tolleson Park had begun and that registration for specialty and summer camps would open later that week. Councilman Lnenicka made known the annual Creatwood of Vinings neighborhood meeting and thanked staff for paying their respects to the family of Harry Ingram,former Smyrna Councilmember. Mayor Bacon also acknowledged Harry Ingram and his contributions to the City of Smyrna. Ron Fennel called on Chief Jason Lanyon,who delivered the annual report for the Fire Department. Ron Fennel congratulated Steve Silva,a Vinings Estates resident,who recently opened a Dunkin Donuts in the Smyrna area that added approximately 40 jobs. He announced that Leadership Cobb had been hosted in Smyrna the previous week and that the Georgia had celebrated a birthday. Chief Lanyon covered response time,training, medical certifications, bureau of fire prevention, the opening of fire station#5 and the fire medic program's life saving equipment that provided long term savings in maintenance and gas. Mayor Bacon commented that the purposes o the fire medics was to improve response time,save gas and reduce wear on the big engines. Chief Lanyon thanked Barrow Wrecker and Public Works for their assistance with training exercises and their donation of 6 vehicles. Councilman Lnenicka called on Kay Bolick, Director of Human Resources, who presented the five year service award for Councilwoman Anulewicz and a 25 year service award to Councilman Lnenicka. She gave an update for H R's transition to Tyler Munis and the roll-out of employee self service features. Ms. Bolick provided details of the online application applicant tracking system being instituted and advised that there would be two application kiosks set up in HR. She gave an update on The Biggest Loser challenge and shared that the new health coach was making available flexible weigh-in scheduling Mayor Bacon recognized Police Chief David Lee,who provided the year-end report.The Chief noted a call that resulted in Corp. Nesbitt rescuing a young choking victim. He presented annual statistics including crime stats and police activity. Chief Lee shared initiative and strategic planning within the department and provided details of the migration from tough books to tablets. He noted that the Neighborhood Watch program was doing well and that a request for 75 patrol rifles had been requested as part of the government excess program. Chief Lee advised that he was committed to working on wow* career development for officers and acquiring state certification with the new policies,sharing that he had requested an extension to complete the certification. 11 February 18,2013 Councilman Fennel thanked Chief Lee for effective communication and acknowledgement of those that deserved recognition.The Councilman .... reminded all to take the opportunity to thank public safety professionals and shared that Kenny Butts was doing well. Eric Taylor announced the sole finalist for the City Clerk position, Terri Graham, advising that she would be voted in and sworn in at the next council meeting. Mayor Bacon asked that Chief Lee and Mr. Stokes meet with him following the meeting. 10. Show Cause Hearings: The Mayor stated that there were none. 11. Citizen Input: There was none. 12. Adjournment: The Mayor declared the meeting adjourned at 11:13 pm. 12 February 1 2 3 MAYOR AND COUNCIL MEETING A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK ?,7(2 J dj6e060432,{; ME►LENY P r ETT, WARD 1 ANDREA BLUSTEIN, WARD 2 TE I ANULEWICZ, a, RD 3 CHARLES A.WELCH, WARD 4 / A ;IX SUSAN WILKINSON, WARD 5 WADE S. LNE I!A, WARD 6 // RO ENNEL, WARD 7 ... RESOLUTION 2013-02 A RESOLUTION OF THE CITY OF SMYRNA TO SUPPORT THE RENAMING OF THE PORTION OF STATE ROUTE 278 BETWEEN ATLANTA ROAD AND POWDER SPRINGS ROAD, CURRENTLY KNOWN AS THE "EAST-WEST CONNECTOR",TO THE "SILVER COMET PARKWAY" WHEREAS, CSX Railroad abandoned their old line carrying the legendary Silver Comet passenger train line through the metro region in 1989, and subsequently, that the Georgia Department of Transportation purchased a 37-mile stretch of railway in Cobb, Paulding& Polk counties, expressly for the purpose of creating a public trail system for pedestrians and bikers; and WHEREAS,the City of Smyrna is highly supportive of this superb example of repurposing of abandoned rail lines; and WHEREAS,the Silver Comet Trail construction began in the City of Smyrna, opening in 1998, delighting enthusiasts and cyclists, runners and pedestrians everywhere; and WHEREAS, the City of Smyrna is proud to serve as the trail head/origination point for the renowned Silver Comet Trail, which remains the most popular segment of the trail; and WHEREAS,the adjacent roadway bears a proper descriptive, yet uninspiring name (East-West Connector), we the citizens of Smyrna and Cobb County prefer to add appropriate, historical local flavor to the busy gateway roadway into Smyrna. NOW, THEREFORE, BE IT RESOLVED that the Smyrna City Council formally requests the Cobb County Board of Commissioners to join Smyrna in urging the Cobb County Commission to proceed with necessary steps for formal approval of a renaming of that portion of State Route 278 between Atlanta Road and Powder Springs Road, currently better known simply as the East-West Connector, to be hereafter renamed, labeled and known as the SILVER COMET PARKWAY. ADOPTED this /..1 day of February, 2013. By: Mayor of the City Council of the City of Smyrna, Georgia ATTEST: Interim Clerk of the City Council of the City of Smyrna, Georgia mow ORDINANCE NO. 2013 -02 AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, OF CHAPTER 22 SECTIONS 22-299, 22- 300, 22-301, 22-302 and 22-303 TO BE AMENDED FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: All t- minol.: us:. in this . is -, not clef ed .-low, s . be conf. - . • e - .pp icabl- publi.ati . s of the A .n Nati. al .ndards In to (ANSI) or its successor body. :..i�amlii.•. 1• i• A !. _ _ .:C - ••- : -- - r d r t- '- •: . -: •:• • • • 00. - •e• • - - - - The Mayor and City Council have determined that regulation for the operation, location, and licensing of mobile food vendors are needed to protect the health, safety and welfare of the residents of Smyrna. Pursuant to their authority, the Mayor and City Council adopt the following ordinance: SECTION 22.299- DEFINITIONS A. Commissary shall mean an approved catering establishment, restaurant, or other approved place in which food, containers or supplies are kept, handled, prepared, packaged or stored "SON has also obtained approval from the health department. B. Mobile Food Vendor shall mean a retail food establishment that reports to and operates from a commissary and is readily moveable, is a motorized wheeled vehicle, or a towed wheeled vehicle designed and equipped to serve food. C. Pushcart shall mean a non-self-propelled vehicle limited to serving commissary prepared or prepackaged food and non-potentially hazardous food, unless the equipment is commercially designed and approved to handle food preparation and service. Pushcarts shall not be required to comply with mobile vehicular safety requirements. D. Temporary food establishment shall mean a retail food establishment, other than a licensed mobile food vendor or pushcart, that is not intended to be permanent and that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. E. Ice cream truck shall mean a motor vehicle in which ice cream, popsicles, ice sherbets or other frozen desserts of any kind are carried for the purpose of retail sale on the streets of the city. F. Red zones are zones that mobile food vendors are not permitted to do business. Red zones may be established by majority vote of the Mayor and Council. AMMO SECTION22.300- LICENSE REQUIREMENT ... A. It shall be unlawful for any person to sell, or offer for sale, food of any type from a commissary, mobile retail food establishment, pushcart or temporary food establishment without a license first having been granted under this section, except for city-sponsored events. B. An application for a business license or a permit hereunder shall be submitted to the Community Development Director or his or her designee setting forth all information required hereunder and in compliance with this ordinance. The Community Development Director or his or her designee shall develop a form of application for the purpose of compliance with this article. C. The following information shall be provided with each application for a mobile food vendor business license: 1. Name of the Mobile Food Vendor 2. Make, model, and license plate number of vending unit 3. Owner's contact information 4. Operator's contact information 5. Type of vendor (street vending unit or sidewalk vending unit) 6. Copy of approved permit from the Cobb County Health Department or the Georgia Department of Agriculture 7. List of operating locations and times ... 8. Signatures from property owners indicating consent for the use of their property 9. Signature of applicant indicating agreement to the listed requirements SECTION 22.301- PROHIBITED CONDUCT AND REQUIREMENTS A. Except for ice cream trucks or pushcarts, no mobile food vendor shall conduct business or operate in the public right-of-way. B. A mobile food vendor shall not operate on any private property without the prior consent of the owner. C. P mobile food vendor shall maintain a $1,000,000.00 liability insurance policy. Proof of current liability insurance, issued by an insurance company licensed to do business in Georgia, protecting the mobile food vendor,the public and the city from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the permit. Such insurance shall name the city as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advanced written notice to the city. D. Except for ice cream trucks or pushcarts, a mobile food vendor shall not make sounds or announcements to call attention to the mobile food vehicle either while traveling on the ^^ public rights-of-way or when stationary. At all times said mobile food vendor shall be in compliance with the City of Smyrna noise ordinance. Aram E. The license and all applicable health certificates under which a mobile food vendor is operating must be firmly attached and visible on the mobile food vendor or pushcart at all times. F. Any driver of a mobile food vendor motorized vehicle must possess a valid Georgia driver's license. G. Except for ice cream trucks and pushcarts, mobile food vendors are allowed only in non- residential districts, where no red zone has been established. Variances in residential districts may be granted by the Community Development Director or his or her designee for neighborhood events. H. Mobile food vendors shall not be located within 15 feet of any street intersection or pedestrian crosswalk or 10 feet of any driveway. I. No sale or offer for sale shall be made by any mobile food vendor between10:00 pm and 7:00 am unless such sale is in conjunction with a City approved special event or film production permit. J. Vending structures shall not be left unattended or stored at any time on the open vending site when vending is not taking place or during restricted hours of operation. K. The mobile food vendor shall comply with all state, federal and local health and safety regulations and requirements and shall obtain and maintain any and all licenses required by any other health, organization or governmental organization having jurisdiction over this subject matter. L. The following safety regulations shall apply to any and all motorized vehicles operating under this article or used for mobile retail food establishments: 1. Every vehicle shall be equipped with a reverse gear signal alarm with a sound distinguishable from the surrounding noise level. 2. Every vehicle shall be equipped with two rear-vision mirrors, one at each side, firmly attached to the outside of the motor vehicle, and so located as to reflect to the driver a view of the highway to the rear, along both sides of the vehicle. M. The mobile food vendor may sell food and non-alcoholic beverage items only. N. Permitted signage shall mean any signage marketing and/or advertising for any mobile food vendor unit or cart that meet the following requirements: 1. Sandwich board signage located on the premises of where the mobile vendor unit is operating while the mobile food vendor unit or cart is actually operating. 2. Wall signage that is safely affixed to the mobile food vendor unit so as to be flat mo .. against the surface of that mobile food vendor unit or cart. 0. The area within which a mobile food vendor unit is operating shall, at all times, be kept clean and free from litter, garbage, rubble and debris. To that end, each mobile food vendor unit must provide a trash or garbage receptacle in which patrons or customers may place their litter or garbage. The receptacle shall be within ten feet (10') of the mobile food truck unit. The receptacle must be adequate in size so waste does not begin to overflow from the receptacle. The operator of the mobile food vendor unit must remove this litter or garbage from the permitted location when he or she leaves the permitted location. P. Operation of any mobile food truck units must maintain a minimum distance of two hundred feet (200') from any building housing an established licensed eating and drinking establishment. This distance will be measure from the serving window in a straight line to the property line of the nearest bricks and mortar food establishment. If a food truck operates less the two hundred (200') feet from any building housing an established licensed eating and drinking establishment, they must have xpr ssed and signed consent from all ffected establishments. a �,r1i Ni N e lar ' Q. A drive through shall not be used at any mobile food truck unit. A person operating a all-G rO-I l mobile food truck unit shall not conduct business with or accept orders from any patrons evrni,t5 or customers while such patrons or customers are in their motor vehicles. 5 Ir✓IA snares Vr11'14-11416 *Mr SECTION 22. 302—Indemnity �r .. As part of the permitting process set forth herein, any person or entity receiving a permit set forth herein shall execute an indemnity agreement indemnifying and releasing the City of Smyrna, its agents, employees and elected officials from any and all liability against any and all claims, actions and suits of any type whatsoever. SECTION 22.303- ENFORCEMENT AND REVOCATION The provisions of this article may be enforced through the City's code enforcement procedures or as otherwise authorized in this Code and may be pursued by appropriate remedy in a court of competent jurisdiction. The remedies that the City may pursue for a violation of this article include: 1. Any violation of this article may be punished as provided for in Section 1-8 of the Code of Ordinances, Smyrna, Georgia; 2. Revocation of the business license of the owner or operator of the mobile food truck unit found in violation of this article; 3. Refusal of the City to renew the business license of the owner or operator of the mobile food truck unit found in violation of this article; 4. If code enforcement is utilized to enforce this article, a resulting code enforcement lien may be assessed against the private property upon which the mobile food truck operation operates or operated. Approved by Mayor and Council this 18th day of February, 2013 / Attest: �`. A. Max Bacon, Mayor , City Clerk ' .fvu(Y City of Smyrna Approv-. : to form: a fA I . if faffrelL • . kAe,c-ti RESOLUTION 2013-02 A RESOLUTION OF THE CITY OF SMYRNA TO SUPPORT THE RENAMING OF THE PORTION OF STATE ROUTE 278 BETWEEN ATLANTA ROAD AND POWDER SPRINGS ROAD, CURRENTLY KNOWN AS THE "EAST-WEST CONNECTOR",TO THE "SILVER COMET PARKWAY" WHEREAS, CSX Railroad abandoned their old line carrying the legendary Silver Comet passenger train line through the metro region in 1989, and subsequently, that the Georgia Department of Transportation purchased a 37-mile stretch of railway in Cobb, Paulding & Polk counties,expressly for the purpose of creating a public trail system for ir pedestrians and bikers; and pt WHEREAS,the City of Smyrna is highly supportive of this superb example of repurposing of abandoned rail lines; and WHEREAS,the Silver Comet Trail construction began in the City of Smyrna, opening in 1998,delighting enthusiasts and cyclists,runners and pedestrians everywhere; and WHEREAS, the City of Smyrna is proud to serve as the trail head/origination point for the renowned Silver Comet Trail, which remains the most popular segment of the trail; and WHEREAS,the adjacent roadway bears a proper descriptive,yet uninspiring name (East-West Connector), we the citizens of Smyrna and Cobb County prefer to add appropriate, historical local flavor to the busy gateway roadway into Smyrna. NOW, THEREFORE, BE IT RESOLVED that the Smyrna City Council formally requests the Cobb County Board of Commissioners to join Smyrna in urging the Cobb County Commission to proceed with necessary steps for formal approval of a renaming of that portion of State Route 278 between Atlanta Road and Powder Springs Road, currently better known simply as the East-West Connector, to be hereafter renamed, labeled and known as the SILVER COMET PARKWAY. ADOPTED this /:1 day of February, 2013. By: Mayor of the City Council of the City of Smyrna, Georgia ATTEST: Interim Clerk of the City Council of the City of Smyrna, Georgia ORDINANCE 2013-03 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, CHAPTER 82— SIGNS, BE AMENDED AS FOLLOWS: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That section 82-2— Definitions be removed in its entirety and be amended to read: Sec. 82-2. - Definitions. For the purposes of this chapter, the following terms shall have the respective meanings ascribed to them: A-frame sign means a movable sign made of wood, metal, plastic or other light weight and rigid material that present a professionally finished appearance with two sign faces that are connected at the top of the sign by a hinge mechanism which allows the base of the sign to be expanded outward to form the shape of an "A". Animated illumination or effects means illumination or affects with action, motion, moving characters or flashing lights. This may require electrical energy, but shall also include wind actuated devices. Specifically included is any motion picture or video mechanism used in conjunction with any outdoor advertising structure in a manner as to permit or allow images to be visible from any public right-of-way. This definition also does not include electronic message signs as permitted within this article. P,, Animated signs means a sign which contains the appearance of movement to depict action or to create a special effect or scene, including any electronic sign which contains anything other than static messages or changes its message more often than permitted by this ordinance. Banner sign means a strip of cloth, paper, canvas, or similar material, on which a message, slogan or emblem is painted, drawn or otherwise projected, colored or shaped with only such material for a backing for the purpose of advertising or drawing attention to a product, object, facility, activity or idea. Code enforcement officer means a code enforcement officer employed by the governing authority for the city or his/her designee duly authorized to enforce the sign ordinance. Community development department means the community development department or its employees employed by the governing authority for the city or its designees duly authorized to administer and enforce the sign ordinance. Community medical facility means a hospital or mental-health facility with one or more buildings comprising a minimum of 40,000 square feet of covered floor space. Electronic sign means a sign whose message may be changed at intervals by computer controller, microprocessor controller or by remote control, and whose message is displayed through the use of LED, LCD, plasma or other similar type panels or screens, including devices known as commercial electronic message signs and similar devices. Fascia sign means a vertical sign attached to the front of the building that is below the top edge of a sloping roof and that extends not more than 18 inches above the lower edge of the sloping roof. Flashing means a pattern of changing light illumination where the light intensely alternates suddenly during the display of a message for the purpose of drawing attention to the sign. The term "flashing" excludes Electronic Signs which are operated in conformity with this ordinance. "- Frame effect means a visual effect on an Electronic Sign which depicts allowable forms of movement associated with the transition from one static message to another. Acceptable forms of frame effects include: fading in/out, zoom in/out, and scrolling. Animated or moving transitions other than those described above are prohibited. Smyrna, Georgia, Code of Ordinances Page 1 Freestanding sign means a sign not attached to any building which includes but not limited to a ground based monument sign, pole sign, temporary sign, instructional sign, standard informational sign, A-frame sign but does not include a hanging sign, fascia sign, or window sign. 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. Ground based monument sign means a sign securely affixed to a substantial support structure which contains a permanent foundation which consists of a three-foot high brick monument base attached to the ground and wholly independent of any building for support and none of the area beneath the sign face in a direct vertical plane from the sign face to the ground is exposed to view, open, or allows for someone to see through any of the space beneath the sign face. Such sign is not a pole based sign. Hanging sign means a sign attached to and supported by a building or other structure and which extends at any angle there from. Such signs must be located a minimum of ten feet above the sidewalk and extend no further than two feet beyond the building face. Illuminated sign means a sign designed to give forth artificial light directly or through translucent material from a source of light within such sign or a sign illuminated by an external light directed primarily toward such sign and so shielded that no direct rays from the light are visible elsewhere other than on the lot where such illumination occurs. Inflatable sign means a sign that gains its shape from inserting air or other gases. Instructional sign means a sign used to give direction or specific instruction to the public such as, but not limited to, "Center," "Exit." "No Parking." "Drive Through," "Restroom," and so forth, Such signs shall contain only instructional information and shall not contain a commercial message and shall not be larger than 16 square feet. Measurement condition means establishing a brightness level for electronic signs by recording an ambient light reading for the sign at the designated measurement distance, using a foot candle meter while the electronic sign is off or displaying all black. The foot candle meter should be aimed directly at the electronic sign at the appropriate pre-set distance (as established by this ordinance). A follow up recording should then be performed while all lights are illuminated white. Nonconforming sign means any sign which does not conform to the provisions of this article. Permanent foundation means that portion of any sign structure that is attached to the ground or other structure attached to the ground through the use of concrete footings or other man-made material that is not capable of being removed without the aid of mechanical or other machinery. Planned industrial park means two or more industrial or office buildings containing a minimum of 40,000 square feet of covered floor space under either common ownership or common control via a property management association. 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. Pole sign means a sign with a permanent foundation where the sign face is supported on a pole, poles (or other sign structure) and the area beneath the sign face in a direct vertical plane from the sign face to the ground is exposed to view, open, or allows for someone to see through any of the space beneath the sign face. Such sign is not a ground based monument sign. Projecting sign means any sign which is attached to a building or other structure and extends more than six inches beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached. Redeveloped site means a site in which all existing buildings and uses are demolished and then replaced with the construction of one or more new buildings and associated uses that meet or exceed the minimum standards of city ordinances. Searchlight means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Smyrna, Georgia, Code of Ordinances Page 2 Sign means any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminated service, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used for notification or the attraction of the public to any place, subject, information, person, firm, corporation, public performance, article, machine or merchandise whatsoever which is displayed in any manner whatsoever whether outdoors or indoors in such a manner as to be visible from any sidewalk, public street, or right-of-way. Sign face means the area within a continuous perimeter enclosing the limits of writing, representation, emblem or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the supports or uprights on which such sign is placed. For projecting or double-faced signs only the larger of the display faces shall be used in computing the total area of the sign face for that sign. Sign height shall be measured in a plane from ground level to the top of the sign. For monument signs, the three-foot high brick base shall be utilized in the computation of total sign height. Sign structure means all portions of a sign not including the sign face. Standard informational sign means a sign erected by the owner of the property or the property owner's designee which contains information for the public including but not limited to security identification sign, or any other commercial or non-commercial message. Informational signs on residentially zoned property shall not exceed eight square feet. Informational signs on non-residentially zoned property shall not exceed 32 square feet. Informational signs on non-residentially zoned property shall be permitted and regulated as temporary signs. Subdivision directional sign means up to two temporary signs located away from the subdivision at appropriate street intersections directing potential home buyers to the location of the subdivision. These signs are only licensed for subdivisions currently under development within the city and must be removed within 30 days of the sale of the last home in the subdivision. Subdivision entrance sign means a permanent sign located at the entrance to a permanent subdivision or other residential development. The sign shall be a ground based monument sign with the sign face area not greater than 32 square feet and a sign height not greater than eight feet. No sign shall be placed inside any island between lanes of traffic within the right-of-way. No sign shall be located so as to obscure street visibility within 60 feet in any direction from the subdivision entrance for motorists existing the subdivision. The sign may be incorporated into the entry wall. Temporary sign includes any sign with a commercial message, including but not limited to a banner or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed for a short period of time only. Transition time means the duration or interval of time between which each individual static message that is displayed on any sign that is capable of sequentially displaying more than one message on its display face. Wall sign means a sign applied to or mounted to the wall or surface of a building or structure, the display surface of which does not project more than six inches from the outside wall of such a building or structure. The total lettering on one side of a building or structure shall constitute one wall sign. Window sign means a sign painted upon or affixed so as to be visible through or upon a window. Yard sale sign means an eight square foot sign displayed on the premises where a yard sale is being held on the day of the sale only. (Ord. No. 2005-35, 10-17-05; Ord. No. 2007-4, 4-16-07; Ord. No. 2007-14, § 1, 9-17-07; Ord. No. 2011-17, 10-17-11 ; Ord. No. 2011-20, 12-5-11) That section 82-4— Sign permit be removed in its entirety and be amended to read: Sec. 82-4. - Sign permit—Required. (a) Except as specifically excluded under section 82-3, it shall be unlawful for any person to post, display, or erect a sign without a permit. Smyrna, Georgia, Code of Ordinances Page 3 1 (b) A new sign permit is required when cost of changes to the sign structure are more than 50 percent of the reconstruction cost of the entire sign. That section 82-6— Same- Fees be removed in its entirety and be amended to read: Sec. 82-6. - Same—Fees. No permit shall be issued until the appropriate application has been filed with the community development department and the fees have been paid to the city. All applicable sign permit fees are adopted by the city in the Schedule of Fees and Charges on record in the City Clerk's office That section 82-12 be removed in its entirety and amended to read: Sec. 82-12. - Prohibited signs and sign devices. The following types of signs or advertising devices are prohibited in all zoning districts of the city, unless otherwise indicated: (1) Roof sign, which is any sign erected upon and above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. (2) Signs with flashing, intermittent or animated illumination or effect are prohibited; provided, however, that time and weather informational signs with total sign area not larger than 32 square feet and official warning or regulatory signs erected by a governing authority in the exercise of its proper jurisdiction are exempt from this restriction. (3) Commercial signs in residential districts except as otherwise allowed within this chapter. (4) A spectacular sign which is an advertising display sign, advertising copy that is animated, constructed of metal, wired for lights or luminous tubing, or both, with copy action controlled by flashed circuit breakers or matographs and attached on an open face steel structure built especially for that purpose. This definition does not include signs which indicate time, temperature, or date. This definition does not include electronic display signs whose sign copy does not change more than one time per hour. (5) Signs on public right-of-way except subdivision directional signs and signs exempt under section 82-3 (6) Signs which contain or are in imitation of an official traffic sign or signal and are not erected pursuant to the governing authority, excepting construction signs and barricades. (7) A mobile sign, which is a sign in excess of two square feet, attached to, mounted on, pasted on, painted or drawn on any trailer, motorized vehicle which remains at the same property for a period of at least eight consecutive hours, or other non-motorized vehicle, that is placed, parked or maintained upon a single property for the purpose and intent of promotion, or conveying a commercial message, except that this shall not apply to any vehicle or trailer allowed by the Georgia Department of Transportation having the sign attached thereto as part of the operational structure of the vehicle or trailer or any vehicle offered for sale or lease. (8) Pole signs. (9) Snipe sign which is any sign of any material whatsoever that is attached in any way to or placed upon a utility pole or mailbox situated on public or private property. (10) Wind-actuated, air or gas-filled devices such as balloons or streamers, except as specifically allowed °° under Section 82-16 of this ordinance. (11) Any sign containing a sign face on more than two sides. (12) Any sign attached to a bench or a trash can. Smyrna, Georgia, Code of Ordinances Page 4 (13) Pennants, not consisting of national flags, or streamers, except as specifically allowed under Section 82-16 of this ordinance (14) Permanent signs which are placed on canvas, cloth or other similar materials (excluding signs on awnings). (15) Permanent or temporary signs which have: missing letters, missing or damaged lenses, exposed lighting/electrical materials or otherwise damaged support structures/sign cabinets. (16) Electronic signs, except as specifically allowed under Section 82-16 of this ordinance. (17) Temporary signs, except as specifically allowed under Section 82-16 of this ordinance. 118) Temporary signs, except as specifically allowed under Section 82-16 of this ordinance. !"Ord, N: . ,._., _ 5: Old. .. 2007 That section 82-15 be amended to include 82-15 (a) (11) (11)All electric signs and all electrical devices that illuminate signs or otherwise operate signs are subject to the approval of the department of community development or its successor. All such signs and e ectrical devices shall only be allowed if listed by an approved testing laboratory or agency and installed in conformance with that listing. All signs shall be built in compliance with all applicable building and electrical codes. That section 82-15 (b) 2.(b) be removed in its entirety and amended to read: b. Each business or building shall be permitted one wall or fascia sign with a maximum area of 40 square feet each for each portion of the building that has frontage on a public roadway not including alley ways. If the individual business has road frontage on two or more public roadways, not including alley ways, the business shall be permitted one wall or fascia sign on each public roadway. (For example: if the business is located at a corner then the business could have two wall or fascia signs not to exceed 40 square feet each.) Each business or building located on an out-parcel of a planned shopping center with a shared driveway or alley way behind the building shall be permitted one wall sign of 25 square feet on the rear elevation of the building that faces the shared driveway or alleyway. That section 82-16 be removed in its entirety and amended to read: Sec. 82-16. - Signs allowed in zoning districts. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section or in a variance in existence as of as of October 17, 2005, shall be prohibited in that district, except as otherwise provided for under this chapter. (1) No signage other than house number, historic marker, original house designation, street identification number, subdivision entrance/development sign, standard informational sign, yard sale sign, ground based monument sign, or instructional sign shall be allowed on any residential property/development in the city. No sign with the total area of each sign face greater than what is permitted for each sign shall be allowed on any residential property/development in the city. a. Any literature packets, notices such as under contract, reduced price, new price or other ancillary information on standard informational signs must be displayed within the prescribed eight square feet allowed for each sign face area. b. There shall be at least a distance of 15 feet between the location of the sign and the sides of the lot except that any lot that is less than 60 feet wide shall be allowed one sign for that lot to be placed no closer than ten feet from the side of the lot. c. One yard sale sign may be displayed on the premises where a yard sale is being held on the day of the sale only. The governing authority considers yard sale signs to be a part of the incidental Smyrna, Georgia, Code of Ordinances Page 5 occupation of the residential property and not commercial activity under this chapter. The area of each yard sale sign face shall not exceed eight square feet and shall comply with all other provisions of this chapter. (2) The following signs shall be allowed within the nonresidential zoning districts in the city unless otherwise specified herein: a. Any sign allowed in a residential district except for subdivision entrance/development signs. b. Signs containing a commercial message with an area of each sign face not larger than the square footage as determined in section 82-15. Any sign containing a commercial message may also contain a non-commercial message. c. Temporary signs. Temporary signs shall be governed by the regulations within this section and any other applicable regulations in this chapter. 1. One of the following types of signs or advertising devices may be displayed on-premises upon the issuance of a temporary sign permit: i. Banners. a. Number. Each business shall be permitted only one (1) banner sign per public road frontage. b. Fastening of Sign. All permitted banner signs must be affixed to the building and mounted flush with the wall during the permit period. c. Maximum Sign Area. Banner signs shall not exceed 32 square feet in sign area. ii. Feather signs. a. Number. Each business shall be permitted up to four (4) on-premise feather signs with a minimum separation of 25 feet between signs. iii. A-frame signs. a. Number. Each business shall be permitted only one (1) A-frame sign per public road frontage. b. Fastening of Sign. Each A-frame sign, when in use, shall, in some manner be securely fastened to the ground or to a permanent structure. c. Maximum Sign Area. A-frame signs shall not exceed the following sign area requirements: 1. Businesses along the Cobb Parkway and South Cobb Drive corridors shall be limited to a maximum sign area of 32 square feet per sign face. 2. Businesses along all other commercial corridors shall be limited to a maximum sign area of 9 square feet per sign face. iv. Inflatable signs or air/gas filled devices. 1. Number. Each business shall be permitted only (1) inflatable sign or air/gas filled device. 2. Location. The inflatable sign or air/gas filled device shall be prohibited from being located on any roof or roof structure. 3. Fastening of Sign. The inflatable sign or air/gas filled device, when in use, shall, in some manner be securely fastened to the ground or to a permanent structure. 2. The placement of a temporary sign in a parking space, which is required to meet the minimum parking requirements for the premises, is prohibited. The placement of a temporary sign in the public right-of-way is prohibited and will cause for the removal of the sign, and citation for violation of this chapter. 3. Temporary signage is limited to a period not exceeding 30 consecutive days. Temporary sign permit periods are limited to four times within a calendar year (January 1 to December 31). 4. Grand Opening. Grand opening shall mean any special sign displays used for the purpose of advertising the opening of a new store or business. Such displays shall require a permit and shall be limited to a period not to exceed 30 consecutive days. Grand opening displays may include the following: the use of additional signage, including pennants, balloons and similar devices, equal to twice the signage normally permitted for the site. Off-site signage shall be prohibited. Smyrna, Georgia, Code of Ordinances Page 6 • 5. Searchlights. A business shall seek approval from the Mayor and Council for the use of searchlights during special events. The searchlights must not be directed into residential mon areas or onto public right-of-ways. d. Subdivisions, currently under development, in addition to having permanent entrance signs may also have up to two additional directional/informational signs provided the development is not being advertised with human signage within the city. These signs shall be located away from the subdivision at either arterial or major collector street intersections provided the following standards are adhered to: 1. Subdivision directional signs shall be no more than 32 square feet in area on rights-of-way of roads which have four lanes or more and 12 square feet in area on rights-of-way of all other roads. The bottom of the sign shall not exceed three feet in height with the total height of the sign not to exceed 11 feet. 2. Subdivision directional signs must have a decorative wooden frame around the entire sign with the face of the sign being constructed of a wooden, composite or plastic material with the supports for the sign being made of wood and may not be illuminated. 3. No license for a subdivision directional sign shall be granted until either the subdivision entrance sign(s) are permitted and erected or the first building permit is issued if no subdivision entrance sign(s) are proposed. 4. Subdivision directional signs are allowed within the right-of-way provided they are erected in accordance with the sign ordinance and as close to the edge of the right-of-way as possible. 5. The sign and surrounding area around the sign must be properly maintained by the licensee. 6. Subdivision directional signs must stay out of sight triangles. 7. No directional signs may be erected until a license is issued by the city and the licensee must indemnify the city from any damages or claims caused by the sign. i. A license fee of $100.00 per month per sign for a six-month term payable in advance and a letter of indemnification must be provided for each subdivision directional sign prior to the issuance of a license. ii. A decal issued by the community development department must be displayed on the sign. iii. Any request may be denied by the community development director if in their discretion the sign would cause an increased safety risk. 8. Subdivision directional signs shall be removed within 30 days of the last home in the subdivision being sold by the home builder. 9. The license shall be revocable at the will of licensee or licensor. If the licensor revokes the license prior to the expiration of the license term, the licensee shall be entitled to a refund of license fee which shall be prorated based on the remaining term of the license. 10. No more than two signs are allowed per intersection corner. If more than two signs are requested, than the city may erect a master sign to house the requested signage. e. Electronic signs. Electronic signs may be utilized for and in conjunction with any sign permitted by this ordinance on nonresidentially zoned property, provided that each such electronic sign shall comply with the following requirements: 1. Electronic signs shall not be permitted in residential zoning districts. 2. Electronic messaging portion of the sign shall not exceed the maximum allowable sign area for varying development types established in Section 82-15(b) and may not have more than 4 two electronic sign areas per sign. 3. Electronic signs shall contain a static messages or images only, and shall not have animation, movement nor flashing on any part of the sign structure, design, or pictorial Smyrna, Georgia, Code of Ordinances Page 7 segment of the sign, nor shall such sign have varying light intensity during the display of a static message. 4. Each individual static message or image must be displayed for no less than 60 seconds. Transitions between static messages or images may use frame effects which result in the movement of a displayed image or message during such transition. Transition time between static messages or images shall be limited to a maximum time of 3 seconds. 5. Electronic signs must operate within brightness levels as established in this ordinance. I. Each electronic sign must have a light sensing device that will adjust the brightness of the display as the ambient light conditions change. ii. Electronic signs located on nonresidentially zoned property shall not operate at brightness levels of more than 0.20 footcandles above ambient light levels (at measurement conditions) as measured at a distance of 100 feet. iii. If the electronic sign is located in the line of sight of a residentially occupied structure on a residentially zoned property, such electronic sign shall not operate at brightness levels of more than 0.10 footcandles above the ambient light levels (at measured conditions) as measured at the nearest portion of such residential structure. 6. All electronic signs must be equipped with a default mechanism that will stop messaging or freeze the image in one position when a malfunction in the electronic programming occurs. 7. The owner of said electronic sign shall provide to the Department of Community Development, the information for a 24-hour contact able to turn off the electronic sign promptly if a malfunction occurs. If, at any time, more than 50 percent of the digital display lights malfunction or are no longer working, the owner of said electronic sign shall turn off the electronic display until repairs are made. 8. In the course of processing a complaint, the Department of Community Development may request a certification of brightness (under measurement conditions) by an independent contractor(if such has not been certified within the preceding 12 months). If this investigation and certification indicates that the electronic sign exceeds the brightness levels specified in this ordinance, the owner of the sign. within 24-hours of a request by the Department of Community Development, shall turn off the sign until the brightness of the sign is corrected to comply with this ordinance at the owner's expense. :. ; . No. 4 -`,, No 2007-14 9- ";--,07 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 18th day of February, 2013 -</ A. Max Bacon, Mayor Attest: Approved as to form: 4,./ Samantha Kasraie, Interim City Clerk Scott A. Cochran, City Attorney City of Smyrna City of Smyrna Smyrna, Georgia, Code of Ordinances Page 8