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09-17-2007 September 17, 2007 Council meeting September 17,2007 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor Pro Tern Wade S. Lnenicka at 7:30 o'clock p.m. All council members were present except Mayor Bacon and Council Members McNabb and Wood. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric Taylor, Assistant Fire Chief Sam Wehunt and representatives ofthe press. Invocation was given by Pastor Robin Hancox from International Gospel Outreach Church, followed by the pledge to the flag. Mayor Pro Tern Lnenicka stated Mayor Bacon will not be present because of a schedule conflict, Council Member McNabb is ill this evening and Council Member Wood is out of town. AGENDA CHANGES: There were none. MA YOR'S REPORT: Mayor Pro Tern Lnenicka had no report. - LAND ISSUES/ZONINGS/ ANNEXA TIONS: (A) Public Hearing - Text amendment to the City of Smyrna's Sign Ordinance to permit subdivision directional signs Mr. Wright stated staff has consulted with builders who have recently experienced slow sales, and that staff has determined that a code revision may be in order to help direct prospects to residential developments within the City with existing inventory. Mr. Wright stated the proposed amendment would allow a maximum oftwo small signs in specific locations in the right-of-way (ROW) in the City which are permitted. Mr. Wright stated staff recommends approval of the proposed ordinance revisions. Mayor Pro Tern Lnenicka recognized Mr. Suddreth, who provided additional information to those present regarding proposed changes to the sign ordinances. Mr. Suddreth stated standards include requirements that no sign obstruct the view of motorists and indemnification of the City. Mr. Suddreth stated permits for such signs may be revoked. Mr. Suddreth stated staff recommends approval of the proposed ordinance revisions. Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. - Mayor Pro Tern Lnenicka recognized Mr. William Stafano, residing at 1606 Walker Street, and Mr. Stafano asked if builders will need to obtain permission from property owners to install any signs. Mr. Suddreth stated the signs will be in the public ROW, but the City has discretionary authority in such matters in regard to traffic safety and other considerations. Mr. Stafano stated an individual put several signs on his property and he removed them and September 17,2007 2 returned them to the owner. Mr. Suddreth provided additional details to those present concerning the types of signs which can be temporarily placed along certain roads in the ROW. Mayor Pro Tem Lnenicka stated the provisions ofthe amendment pertain primarily to temporary placement of real estate signs along major streets. - MOTION: Council Member Newcomb made a motion to approve the text amendment to Section 82-2, Section 82-12 and Section 82-16 of the City of Smyrna's Sign Ordinance to permit sub- division directional signs. The motion was seconded by Council Member Pritchett. Motion was approved 4 - O. (B) Public Hearing- Rezoning Request 207-020 - Approval of a zoning amendment to accommodate changes to the previously approved site plan - 1.78 acre tract - Land Lot 688 - 5218 Oakdale Road - Integrity Development Group, LLC Mr. Wright stated the requested site plan change is for two previously approved self-storage buildings. Mr. Wright stated the requested changes would affect the footprint ofthe buildings and the elevation designs but would not alter the overall configuration ofthe development plan. Mr. Wright stated staff recommends approval of the request subject to a number of stipulations. Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There was none. Mr. Suddreth provided additional details to those present concerning the requested site plan changes. Mr. Suddreth indicated the plan includes reductions in overall size of the construction and changes to the exterior appearance. Mr. Suddreth stated the changes still meet the conditions of the original zoning. Mr. Suddreth stated staff recommends approval of the request subject to a number of stipulations. - Council Member Pritchett recognized Mr. Michael Landers, representing Integrity Development Group, LLC (IDG), and Mr. Landers stated the building footprint changes were necessitated because the builder plans construction in 10' increments to accommodate standard components designed for storage buildings. Mr. Landers stated the builder also incorporates a distinctive roof design in the structures they craft. Mr. Landers stated that during a recent meeting with Council Member Wood and homeowners in the subject area it was learned that the residents seem to like the amended building design. Mr. Landers stated the rear building positioning was changed in connection with subterranean rock formations believed to exist near the area planned for that structure. Council Member Pritchett thanked Mr. Landers for his diligence in consulting with the City's staff and officials before changing the plans for this project. Council Member Pritchett provided a summary of the conditions of construction and business operations lOG agreed to in Mr. Lander's letter dated May 2,2007. (Clerk's Note: Referenced letter is included as part of the May 7, 2007 council meeting minutes) Mayor Pro Tem Lnenicka asked Mr. Landers ifIDG agrees to conform to the sixteen conditions of rezoning as formulated by City staff, and Mr. Landers answered in the affirmative. MOTION: Council Member Pritchett made a motion to approve Rezoning Request 207-020 for a zoning amendment to accommodate changes to the previously approved site plan for 1.78 acre tract in Land Lot 688 at 5218 Oakdale Road for Integrity Development Group, LLC subject to conditions of rezoning as formulated by City staff and agreed to by Mr. Landers. The motion was seconded by Council Member Newcomb. Motion was approved 4 - O. - September 17,2007 3 PRIVILEGE LICENSE: There were none. - FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of September 4, 2007 minutes (B) Award Bid # RFP 8-002 for the installation of 427 L.F. of24" RCP storm sewer piping on Smyrna Hill Drive and authorize the Mayor to execute related contract documents (C) Award RFQ # 7-030 for North Cooper Lake Park Design Services and Master Planning of New Park Facilities and authorize the Mayor to execute related contract documents MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 4 - O. COMMITTEE REPORTS: - Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning recent Public Works Department projects. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present regarding upcoming KSB activities. Ms. Kirk stated the jonquils will be available for sale in early October. Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning City building statistics. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present concerning recent court services activities. Ms. Hiott provided details to those present concerning the recent election qualification process. Ms. Hiott encouraged all citizens to make certain they are registered to vote and to participate in the upcoming elections. Ms. Hiott provided details to those present concerning advance voting and absentee voting. Council Member Smith yielded the floor with no report. Mayor Pro Tern Lnenicka recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning recent use statistics as well as current and upcoming programs and events for the City Library. - September 17, 2007 4 Mayor Pro Tem Lnenicka recognized Mr. Ciaccio, who provided details to those present concerning Parks and Recreation Department construction and improvement projects and upcoming public information meetings. - Mayor Pro Tem Lnenicka recognized Mr. Boyd, who provided details to those present concerning City property tax statements to be sent this week. Mayor Pro Tem Lnenicka stated Chief Hook and Assistant Chief Wehunt have no reports this evenlllg. Mayor Pro Tem Lnenicka recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the recent Spice of Life and Pigskin Palooza events. Ms. Bennett provided details to those present concerning upcoming events and the Artists Business Association. Mayor Pro Tem Lnenicka provided details to those present concerning an upcoming County public information meeting at the Community Center concerning the proposed Macland Road Connector. CITIZENS INPUT: Mayor Pro Tem Lnenicka recognized Mr. Michael Landers, and Mr. Landers commended the City's leadership for their honesty and professionalism and the conscientious manner in which they discharge their public duties. Mr. Landers presented a plaque to the present officials, and thanked Messrs. Suddreth, Martin, Huff, Peace, Broyles and Cochran, as well as Odalys Huggins and Juliet Westerveld, for their assistance. Mayor Pro Tem Lnenicka thanked Mr. Landers for his thoughtful comments and the commemorative plaque. - Mayor Pro Tem Lnenicka recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed various concerns about property the City acquired near Ridge Road for use as a park. Mr. Backry expressed the view that greenspace funds should be used more wisely. Mr. Backry expressed the view that some eleven acres of land in the vicinity of Roswell Street and Whitfield Street was completely clear cut and that the lost vegetation included specimen trees. Mr. Backry expressed the view that the City needs better regulations to help preserve established trees. Mr. Backry expressed concerns about the City's eligibility to be designated as a tree city. Mayor Pro Tem Lnenicka recognized Ms. Teri Anulewicz, residing at 1121 Parkview Place, and Ms. Anulewicz provided details to those present regarding her candidacy for the Ward 3 council post. Ms. Anulewicz commented favorably about living in this community and provided details to those present concerning her background and experience. Ms. Anulewicz provided details to those present regarding issues which she believes are important to residents of Ward 3 and some of her plans for accomplishing various objectives if elected. Mayor Pro Tem Lnenicka recognized Mr. William Stafano, residing at 1606 Walker Street, and Mr. Stafano asked if there are laws for testing the mental ity of particular persons. Mr. Stafano commented favorably about the City's elected officials. ADJOURNMENT: With no further business, the meeting was adjourned at 8:35 p.m. - - J September 17,2007 // /"' /.4 /J ~ '7d/ek-rt NlELL~[TCHE1T, WARD I "" / rJ u - ~~I&{~~ CHARLES PETE WOOD, WARD 7 - 5 ~ '~' 'C"/ ~ .' ,i" ,c","/ ,.-.- --f~t\L1::t 'U L - ~,(_H >C SUSAN D. HIOTT, CITY CLERK <7_ J.-1A-- RON NEWCOMB, WARD 2 !/~Lfi WADE S. LNENICKA, WARD 6 ORDINANCE No. 2007-14 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 82, SIGNS, SECTIONS 82-2 DEFINITIONS, 82-12 PROHIBITED SIGNS AND SIGN DEVICES AND 82-16 SIGNS ALLOWED IN ZONING DISTRICTS, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That the following Sections of Chapter 82, City of Smyrna, Georgia, be amended to read as follows: (1) Add to Section 82-2. Definitions Subdivision directional sign means up to two (2) 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 of Smyrna and must be removed within thirty (30) days of the sale of the last home in the subdivision. (2) Amend Section 82-12. Prohibited Signs and Sign Devices (5) Signs on public right-of-way except subdivision directional signs and sIgns exempt under section 82-3. (3) Add to Section 82-16. Signs Allowed in Zoning Districts - d. Subdivisions, currently under development, in addition to having permanent entrance signs may also have up to two (2) 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 right-of-ways of roads which have four (4) lanes or more and 12 square feet in area on right-of-ways of all other roads. The bottom of the sign shall not exceed 3 feet in height with the total height of the sign not to exceed 1 1 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. ORDINANCE No. 2007-14 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 of Smyrna and the licensee must indemnify the City from any damages or claims caused by the sign. - a. 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. b. A decal issued by the Community Development Department must be displayed on the sign. c. Any request may be denied by the Community Development Director if 111 their discretion the sign would cause an increased safety risk. 8. Subdivision directional signs shall be removed within thirty (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 ofthe 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. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. - Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 17th day of September, 2 p, Attest: (' ~ . t? I,' 1 r!', '. i ,''<. '--!.~ . Y / "'-/1::",lvU11 V ,,'::j . /' .1. {~ L--- L Susan D. Hiott, City Clerk City of Smyrna AjP, roved as to form: _ _~~ L- ----- Scott A. Cochran, City Attorney - 2