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03012004 March 1, 2004 Council Meeting March 1. 2004 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran and representatives of the press. Invocation was given by Pastor Robin Hancox from International Gospel Outreach Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: Mayor Bacon recognized faculty members and students from Brown Elementary School, and the students presented this month's character education words. The students also performed a song about character for those present. Mayor Bacon recognized Coach Howard Martin and members of the Campbell Junior Spartans Baseball Team, and Coach Martin provided details regarding the team and its accomplishments to those present. Coach Martin expressed appreciation to the team's sponsors for their support. Coach Martin also expressed appreciation to the City's Parks and Recreation Department staff for their efforts in maintaining the sports facilities in the City. - Mayor Bacon recognized Mr. Charles Lutz, residing at 11 Villa Court, and Mr. Lutz provided details to those present concerning the school he is associated with and an upcoming fundraising event for the school. Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry provided details regarding wildlife policies to those present. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONING/ANNEXA nON: (A) Public Hearing - Variance Request V04-008 - Temporary Sign - 2133 South Cobb Drive - Rich's/Macy's Mr. Wright stated businesses are permitted to have one temporary sign provided it does not exceed 16 square feet in area. Mr. Wright stated temporary signs are only allowed for a maximum of 60 days. Mr. Wright stated the applicant is requesting two temporary signs comprising 250 square feet and 90 square feet for a maximum period of90 days. Mr. Wright stated that, because a unique hardship has not been identified, and based upon guidance from the City's sign consultant, staff does not support the granting of the requested sign variance. - March 1, 2004 2 Mayor Bacon recognized Mr. Thomas Ashley, representing Rich's/Macy's (RM), and Mayor Bacon expressed regret about the planned closing of this store in Smyrna. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Ashley stated that only one 5' x 50' banner has been ordered for the subject location. Council Member Smith asked Mr. Ashley what type of information will be on the proposed sign, and Mr. Ashley stated that the words "store closing" will be shown on the sign. Council Member Smith asked about the possibility of locating a sign closer to the street to improve the visibility of the sign. Mr. Ashley stated that, based on past experience, the RM staff prefers to have signs attached to buildings. Council Member Wood asked Mr. Ashley if additional inventory will be brought to the subject location for liquidation, and Mr. Ashley said no. Mr. Ashley stated the only additional inventory which may be received by the subject store will be merchandise that was previously on order. Council Member Wood asked Mr. Ashley what the projected timetable for final disposal of the store inventory will be, and Mr. Ashley stated between April 3 and April 15. Council Member Smith asked Mr. Ashley if surplus inventory from other stores will be brought to the subject location for liquidation, and Mr. Ashley said no. Council Member Newcomb asked Mr. Ashley if advertising for the store closing sale will be conducted, and Mr. Ashley answered in the affirmative. Council Member Newcomb stated that, in accordance with the City ordinance, a variance should only be approved if some hardship exists. Council Member Newcomb stated the closing of the store is common knowledge, and that a banner sign is more of a convenience than a necessity brought about by hardship. Mr. Ashley stated that, because the subject store is closing, it is no longer included in the regular advertising for the other RM stores. Mr. Ashley stated that additional signs are another means for advertising a store closing. Council Member McNabb expressed regret about the planned closing of this store in Smyrna. Council Member Lnenicka stated he agrees with Council Member Newcomb's analysis of the variance request, and expressed disappointment that no member of the RM management staff is present at this meeting. Council Member Lnenicka stated the RM store in Smyrna has been important to the community, and that the psychological impact ofthe closing of this store on City residents should not be underestimated. Council Member Newcomb stated another reason he believes this variance request should not be approved is that the granting of sign variances in general should be kept to a minimum. Council Member Smith expressed regret about the planned closing of this store in Smyrna. - - MOTION: Council Member Smith made a motion to deny Variance Request V04-008 for temporary signs at 2133 South Cobb Drive for Rich'sIMacy's. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Public Hearing - Sign Ordinance Amendment - Sec. 82-2 Definitions Sign Height (Ordinance # 2004-10) Mr. Wright stated staff was directed by the Mayor and Council to prepare a new amendment to the Sign Ordinance to address the manner in which sign height is measured. Mr. Wright summarized the proposed changes for those present. Mr. Wright stated staff recommends approval of the proposed change to the Sign Ordinance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb stated the proposed change to the sign ordinance takes into consideration variations in topography when measuring sign height. ... March I, 2004 3 - MOTION: Council Member Newcomb made a motion to approve a sign ordinance amendment for Sec. 82-2 Definitions, Sign Height, to reflect that sign height shall be measured in a straight line from either ground level at the center of the base or from the crown of the road nearest to the sign to the top of the sign, and that for monument signs, the 3' high brick base shall be utilized in the computation of total sign height. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (C) Public Hearing - Variance Request V04-005 - Increase in Sign Height Above Street Level- 2289 South Cobb Drive - Turnkey Management Mr. Wright stated this request is for a variance to allow an increase in the height of a sign, and that the change in definition of Sign Height previously approved at this meeting addresses the applicant's needs in this particular instance. MOTION: Council Member Smith made a motion to table Variance Request V04-005 for an increase in sign height above street level at 2289 South Cobb Drive for Turnkey Management indefinitely. The motion was seconded by Council Member Newcomb. Motion was approved 7-0. (D) Approval of Application for Annexation (Request by 100% of property owners)- 1.8 Acre Tract - Land Lots 490, 519 and 562, 17th District, 2nd Section - Belmont Avenue Roadway - Cobb County Board of Commissioners (Ordinance # 2004-11) - Mr. Wright stated the Cobb County Board of Commissioners has agreed to the annexation of the Belmont Avenue right-of-way by the City. Mr. Wright stated staff has reviewed the legal description of the subject tract and found it to be accurate, and that approval of this annexation is recommended. MOTION: Council Member Scoggins made a motion to approve the application for annexation, re~uested by 100% of the property owners, ofa 1.8 acre tract in Land Lots 490,519 and 562, 17' District, 2nd Section, Belmont Avenue roadway, to become a part of Ward 3 with an effective date of April 1, 2004. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Massage Practitioner - Camilla's - 1130 Concord Road - Lori Kirschbaum, Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude the issuance ofthe requested license. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Ms. Kirschbaum, and asked Ms. Kirschbaum to provide to those present details concerning the day spa she is proposing to operate. Ms. Kirschbaum stated the services available at Camilla's include complete skin care, facials, waxing, manicures and pedicures, and that she would also like to make massage therapy available to her clientele. Council Member McNabb asked Ms. Kirschbaum how long Camilla's has been at its present location, and Ms. Kirschbaum stated since August, 2003. Council Member McNabb asked Ms. Kirschbaum if she operated a business in the City before August, 2003, and Ms. Kirschbaum March I, 2004 4 stated the business opened during January, 2000 at 1050 Concord Road before it was moved to its current location. MOTION: Council Member McNabb made a motion to approve the privilege license request for massage practitioner for Cami11a's at 1130 Concord Road for Lori Kirschbaum. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at the time of this vote) - FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of February 16,2004 Minutes (B) Approval of the 2004 Community Development Block Grant Award The Cobb County Board of Commissioners awarded the 2004 Community Development Block Grant (CDBG) to the City of Smyrna. The City of Smyrna has been involved in and awarded the Community Development Block Grant funds for several years. It is recommended that the 2004 CDBG Subrecipient Agreement be approved for signature by the mayor. - (C) Revision of City of Smyrna Personnel Policies and Procedures As a means to comply with the ever changing laws and to maintain good human resources functions, the Human Resources Department along with the assistance from Elarbee, Thompson, Sapp & Wilson (GIRMA Attorneys) recommend the revision of the following City of Smyrna Personnel Policies and Procedures: (1) Introduction, (2) Definitions, (3) Equal Employment Opportunity, (4) Employing People with Disabilities. A number ofthe city's current personnel polices were made effective approximately August I, 1993, and since that time laws have changed and standard personnel procedures have become much more complex. The revision of these polices (and forthcoming policies) will allow the City of Smyrna's Personnel Polices and Procedures Manual to be lawful and representative of policies and procedures maintained by Georgia cities with good human resources functions. The proposed changes are either grammatical in nature or include some changes to wording as recommended by the GIRMA Attorneys. (D) Approval of Request for Temporary Street Closure of Afton Court for a Neighborhood Party Residents of Afton Downs have requested temporary closure of Afton Court cul-de-sac on March 27, 2004 from 1:00 p.m. until 7:00 p.m. for a neighborhood party. The purpose of the planned gathering is to provide an opportunity for the residents to become better acquainted. The use of the street has been requested in order to provide a sufficiently spacious place for the neighbors to meet. - March L 2004 5 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. - COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. Council Member Newcomb stated he enjoyed seeing all ofthe students at the council meeting this evening, and that students are an important part of the community. Council Member Scoggins yielded the floor with no report. Council Member McNabb stated a Keep Smyrna Beautiful (KSB) planting project near Collier Drive is scheduled for March 13, and asked for volunteer assistance with this project. Council Member Smith yielded the floor with no report. Council Member Lnenicka commended Ms. Kirk and Ms. Davis for the KSB ceremony on February 21 during which some additional trees for the arboretum were dedicated. Council Member Lnenicka thanked the residents ofCreatwood at Vinings for attending the HOA meeting last night. Council Member Lnenicka stated his mother is in Emory Adventist Hospital in connection with recent surgery, and that she is doing well. Council Member Wood yielded the floor with no report. - Mr. Wright stated the Cobb Chamber of Commerce will have a breakfast meeting at the Community Center on March 11. CITIZENS INPUT: There were no additional comments. ADJOURNMENT: With no further business, the meeting adjourned at 8:40 p.m. - March 1. 2004 6 J~ ~ ~ ~~o..~ ~u~ ND.HIOTT'C[TYCLERK~ - A. MAX BACON, MAYOR " - ~~~ CHARLES PETE WOOD, WARD 7 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number 2004-11 Land Lot 490, 519, 562 Acres 1.80 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified ofthe City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on March 1, 2004 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this March, 2004 f A. Max Bacon, Mayor ~~f)c/~ Susan D. Hiott, City Clerk City of Smyrna - j~ Scott A. Cochran\-city A ttgm@)' City of Smyrna ---. - Ordinance 2004 - 11 Exhibit "A" All that certain property situated and being in Land Lots 490, 519, and 562 of the 7th District and 2nd Section of Cobb County, Georgia, and more particularly described as follows: .. BEGINNING at the common intersection of the northern right-of- way of Belmont Avenue with the eastern right-of-way of Dixie Avenue, said point being the POINT OF BEGINNING; thence easterly along said northern right-of-way of Belmont A venue a distance of 2629 feet more or less to a point at the western right-of- way of Reed Street; thence southerly along said right-of-way of Reed Street a distance of 30 feet to a point at the southern right-of- way of Belmont A venue; thence westerly along said southern right-of-way of Belmont Avenue a distance of 2646 feet more or less to a point at the eastern right-of-way of Dixie Avenue; thence northerly along said right-of-way of Dixie Avenue a distance of30 feet to the POINT OF BEGINNING. - Ordinance 2004.10 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY REVISING SECTION 82-2 DEFINITIONS IN ORDER TO CLEARLY DEFINE THE MANNER IN WHICH THE HEIGHT OF A SIGN IS TO BE MEASURED BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Section 82-2 Definitions of the Code of Ordinances of the City of Smyrna, Georgia, be amended as follows: "Sign Height shall be measured in a straight line from either ground level at the center of the base or from the crown of the road nearest to the sign to the top of the sign. For monument signs, the 3' high brick base shall be utilized in the computation of total sign height." 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 1st day of March, 2004. Attest: A. Max Bacon, Mayor ~~uD. Yi~ Su an D. HIott, CIty Clerk City of Smyrna Approved as to form: .~ ...