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1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE

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December 4, 2008 Regular Meeting

The public may address the Board on any matter during public comment. Individual’s comments will be limited to 5 minutes.

CITY OF ACWORTH, GEORGIA

BRIEFING OF THE MAYOR AND BOARD OF ALDERMEN 6:30 P.M. – CONFERENCE ROOM ONE

REGULAR MEETING

OF THE MAYOR AND BOARD OF ALDERMEN 7:00 P.M. – BOARD ROOM

THURSDAY, DECEMBER 4, 2008 1. CALL TO ORDER

2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. PRESENTATIONS

A. Presentation of Proclamation for 10th Annual “Shop With A Hero” Day for December 13, 2008.

B. Presentation from Jenna Hanfland’s Fifth Grade Class at Acworth Intermediate School to debrief the Council on the aspects of city government.

C. Presentation from Mr. Jim Hourigan, President Acworth Football and Cheerleading Association, Recognition of Division 2 Teams that Participated in the Division 2 Championship and Recognition of Division 1 Teams that Participated in the Superbowl.

5yr olds DII Champions

6yr olds DI Superbowl Champions 6yr olds DII Champions

7yr olds DII Runner-up 8yr olds DIIA Runner-up 8yr olds DIIB Champions 9yr olds DIIA Champions

10yr old DI Superbowl Champions 11-12DI DI Superbowl Runner-up 4. PUBLIC COMMENT

5. CONSENT AGENDA

A. Approval of November 20, 2008 Regular Meeting Minutes.

B. Approval to purchase gift certificates from Target for city employee holiday gifts in the individual amount of $40.00 each for a total not to exceed $6,200.00.

C. Approval for appointment of Van R. Blackwood as Power

Superintendent effective January 5, 2009 and Approval of Employment Agreement between City and Van R. Blackwood.

D. Approval for the purchase of a SensorLink Varcorder needed from Equity Utility for the recording of current, vars, and power factors for the Power Department in the amount of $5,045.00.

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December 4, 2008 Regular Meeting

The public may address the Board on any matter during public comment. Individual’s comments will be limited to 5 minutes.

E. Approval for the Atlanta Water Ski Club to the use Lake Acworth for the Acworth Water Ski Open June 12, 2008 through June 14, 2008 and

authorize Mayor to sign the contract.

F. Approval for Hwy 41 Bluegrass Band to hold monthly blue grass concerts the second Saturday of each month from April 2009 through October 2009 at Logan Farm Park and authorize Mayor to sign the contract. G. Approval of the job description for the Parks and Recreation Special

Populations Coordinator and to amend the City pay scale to reflect the position.

H. Approval to amend the project scope of phase one of the Tanyard Creek Park Trail Project to include a trail connecting Logan Farm Park to Cherokee Street.

I. Approval to TABLE text amendment to the Sign Ordinance.

J. Approval of Stipulation Letter SL2008-30 for a Special Land Use Permit for a religious institution located at 4182 South Main Street.

K. Approval of Stipulation Letter SL2008-31 for a variance to waive zoning requirement prohibiting light automotive repair adjacent to or directly across from residentially‐zoned districts for property located at 5251 Lake Acworth Drive.

L. Approval of Ordinance No. 2008-27 for text amendment to the Zoning Ordinance.

M. Approval of Ordinance No. 2008-29 instating a moratorium for the month of December 2008 from the enforcement of temporary banner signs meeting specific provisions.

N. Approval of the Resolution No. RS2008-20 adopting the 2008 Update to the Comprehensive Plan Short Term Work Program (STWP) and Capital Improvement Element (CIE).

6. CITY MANAGER COMMENTS 7. BOARD MEMBER COMMENTS 8. MAYOR’S COMMENTS

9. PUBLIC COMMENT 10. ADJOURNMENT

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Parks and Recreation ITEM/AGENDA DESCRIPTION:

• Recognition of the 5 Year Old Division II Acworth Warriors for winning the NGYFL Instructional Bowl.

• Recognition of the 6 Year Old Division I Acworth Warriors for winning the NGYFL Super Bowl.

• Recognition of the 6 Year Old Division II Acworth Warriors for winning the NGYFL Instructional Bowl.

• Recognition of the 7 Year Old Division II Acworth Warriors for finishing up runner up in the NGYFL Instructional Bowl.

• Recognition of the 8 Year Old Division IIB Acworth Warriors for winning the NGYFL Instructional Bowl.

• Recognition of the 8 Year Old Division IIA Acworth Warriors for finishing runner up in the NGYFL Instructional Bowl.

• Recognition of the 9 Year Old Division II Acworth Warriors for winning the NGYFL Instructional Bowl.

• Recognition of the 10 Year Old Division I Acworth Warriors for winning the NGYFL Super Bowl.

• Recognition of the 11-12 Year Old Division I Acworth Warriors for finishing runner up in the NGYFL Super Bowl.

AGENDA DATE:

December 4, 2008 STAFF RECOMMENDATION:

Recognize the teams.

FISCAL IMPACT: None

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ATTACHMENTS: None

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT: Board of Aldermen

ITEM/AGENDA DESCRIPTION:

Presentation from Jenna Hanfland’s Fifth Grade Class at Acworth Intermediate School to debrief the Council on the aspects of city government.

AGENDA DATE: December 4, 2008

STAFF RECOMMENDATION:

Staff recommends presentation for Jenna Hanfland’s Fifth Grade Class at Acworth Intermediate School to debrief the Council on the aspects of city government.

BACKGROUND:

The focus of the presentation is for the students to debrief with the council members what the purpose of the assembly was, how the mayor helped them learn about all aspects of government, and to share some of the insightful questions to the Mayor and board of Aldermen.

FISCAL IMPACT: N/A

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT: Board of Aldermen

ITEM/AGENDA DESCRIPTION: Presentation of Proclamation for 10th Annual “Shop With A Hero” Day for December 13, 2008.

AGENDA DATE: December 4, 2008

STAFF RECOMMENDATION: Staff recommends presentation of Proclamation for 10th Annual “Shop With A Hero” Day for December 13, 2008.

BACKGROUND: See attached proclamation.

FISCAL IMPACT: N/A

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PROCLAMATION

10

th

Annual “Shop With A Hero” Day

December 13, 2008

WHEREAS, the City of Acworth Police Department has instituted a community policing policy

whereby they believe that the best way to combat crime is to begin with the children; and

WHEREAS, the Acworth Police Department and members of the community began a program in 1998

called “Shop with a Cop” in which underprivileged children were able to shop with a police officer; and

WHEREAS, in 1998, the program provided Christmas for 35 children; in 1999 Acworth JOY partnered

with APD and NorthStar Church and provided Christmas for 72 children; in 2000, the program provided Christmas for 128 children and in 2001, the program was renamed “Shop With A Hero,” and provided Christmas for 220 children; and in 2002, The JOY Foundation was chartered as a charitable organization in the State of Georgia and the program, with the assistance of 80 Heroes and 130 volunteers, provided for 368 children; and in the past four years the number of children have averaged over 1,000 with an average of 800 volunteers; and

WHEREAS, December 13, 2008, The JOY Foundation will host the 10th Annual “Shop With A Hero” and over 900 children are expected; and Heroes from agencies from all over Cobb, Cherokee and Paulding Counties will participate, including the Georgia State Patrol, Georgia State Defense Force, U.S. Army Corps of Engineers; Georgia Department of Natural Resources, Cobb County Police, Fire and Sheriff’s Departments; Bartow County Fire & Sheriff’s and numerous members of our Armed Forces from Dobbins Air Force Base, Fort Benning, Ft. McPherson, NAS Atlanta; and

WHEREAS, other supporters of the program, NorthStar Church, Acworth Business Association, West

Cobb Business Association, Acworth First United Methodist Church, Cobb Vineyard, Eagle Point, Johnson’s Ferry Baptist Church at Cedercrest, Summit Baptist, Kohl’s Department Store, and Park Bridge Apartments, have taken an active role in making this program a success.

NOW, THEREFORE, We, the Mayor and Board of Aldermen of the City of Acworth, do hereby proclaim December 13, 2008 as “Shop With A Hero Day” in the City of Acworth, with the hope that this program will continue to expand and be instituted nationally to provide for children across the Tri-County area and Georgia.

In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Acworth to

be affixed this 4th day of December in the year of Our Lord Two Thousand and Eight.

Thomas W. Allegood, Mayor Attest:

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT: Administration

ITEM/AGENDA DESCRIPTION: Approval of November 20, 2008 Regular Meeting Minutes.

AGENDA DATE: December 4, 2008

STAFF RECOMMENDATION: Staff recommends approval of the November 20, 2008 Regular Meeting Minutes.

BACKGROUND: November 20, 2008 Regular Meeting Minutes.

FISCAL IMPACT: None

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CITY OF ACWORTH, GEORGIA

BRIEFING OF THE MAYOR AND BOARD OF ALDERMEN 6:30 P.M. – CONFERENCE ROOM ONE

REGULAR MEETING

OF THE MAYOR AND BOARD OF ALDERMEN 7:00 P.M. – BOARD ROOM

THURSDAY, NOVEMBER 20, 2008

Present: Mayor Tommy Allegood, Aldermen Tim Richardson, Gene Pugliese, Albert Price, Tim Houston, Bob Weatherford, Assistant City Manager Brandon Douglas, and City Clerk Regina R. Russell

1. CALL TO ORDER

Mayor Allegood called the meeting to order at 7:03 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE

Alderman Houston led the invocation and Major Wayne Dennard the Pledge of Allegiance.

Mayor Allegood acknowledged students from Kennesaw State University who were present to earn extra credit for Judge Taylor’s political science class.

3. PRESENTATION

A. Presentation of a Certificate of Appreciation from The CrossOver Mentoring Group at North Cobb High School to the Mayor and Board of Aldermen thanking them for the City of Acworth’s support.

Mayor Allegood recognized a group of 20 students from North Cobb High School and Awtrey Middle School who were in attendance to honor the Mayor and Board of Aldermen with a Certificate of Appreciation of their support for the CrossOver Mentoring Group. The program was established two years ago by Reverend DeAnna Fountain who shared with the Mayor and Board of Aldermen her visions and intentions to formulate the mentoring group in an effort to aid at-risk males at North Cobb High School. Since then, the program has been expanded to Awtrey Middle School with intentions to serve Barber Middle and Baker Elementary schools in the near future.

B. Recognition of the Acworth Baseball Association Bronco Division Bats for a perfect 16-0 season.

Alderman Tim Richardson and Parks and Recreation Director James Albright recognized the Bronco Bats for their 16-0 season. Amongst the players present that received certificates were: Jake Beauvais, Logan Breton, Malachi Griffin, Spencer Guthrie, Hunter Hutchinson, Christopher Peters, Trace Phillips, Trip Robinson, Zachery Teem, and Aaron Veres. In addition, team staff was recognized with certificates that included; Manager Ron Veres, Coach Gary Breton, Coach Michael Teem, Coach Chris Peters, Sr. and Team Mom Kelly Phillips.

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4. PUBLIC COMMENT

Malon, member of the CrossOver Mentoring Group from North Cobb High School and resident of 3215 Jennifer Drive, Acworth, GA (Creekside) requested new trash cans for his development.

5. CONSENT AGENDA

A. Approval of November 3, 2008 Public Hearing/Work Session Minutes.

B. Approval of November 6, 2008 Regular Meeting Minutes. C. Approval to cancel regularly scheduled Board meeting(s) due to

holiday schedule that includes; December 29, 2008 Public Hearing/Work Session and January 1, 2009 Regular Meeting. D. Approval of revised Bond Schedule to include violations for current

City of Acworth Code of Ordinances.

E. Approval for Monark Voice and Data, Inc. to upgrade two existing phone systems software to the latest supported release version (AltiWare 6.0) for the cost of $5,720.00.

F. Approval to re-utilize cab and chassis of Unit 36, a 1997 sanitation truck and retrofit chassis with dump bed. Work to be contracted with “Ox Bodies” of Alabama @ $14,000.00.

G. Approval to resurface Maryland Dr, Brandy Ann Ct. with SPLOST funds and additional funds from GDOT, Local Assistance Road Program(LARP). Cost of repairs is $222,000.00 ($204,000.00 from SPLOST and $18,000.00 from LARP).

H. Approval to install additional “STOP” signs at the intersection of Baker Plantation Drive and Baker Plantation Way near the entrance of the Baker Plantation Subdivision, and designate the intersection of Baker Ridge Place and Baker Plantation Drive as a 3-Way-Stop Intersection. This will authorize the Chief of Police to erect the signs and to enforce laws regarding violators accordingly. The cost of this project is not to exceed $1,500.00.

I. Approval for the submission of a Recreational Trails Application to the Georgia Department of Natural Resources through the passing of a Resolution and authorization for the Mayor to sign a

transmittal letter and the Resolution.

Mayor Allegood advised for approval of Consent Agenda Items “A – I.” Alderman Richardson moved approval of Consent Agenda Items “A - I.” Alderman Weatherford seconded. Mayor Allegood asked if there was any discussion from the Board. There was none. The motion approved unanimously (5:0).

6. CITY MANAGER COMMENTS

City Manager Brian Bulthuis was absent from the meeting. Assistant City Manager Brandon Douglas advised that City Hall would be closed on November 27 and 28 in observance of the Thanksgiving holiday.

7. BOARD MEMBER COMMENTS

Alderman Richardson advised that the City Manager was not present at the meeting, as he was practicing with his team for the youth super bowl. Alderman Richardson

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called on staff to advise for the game schedule. Parks and Recreation Director James Albright advised for scheduled times to play and that the event would be held at Hiram High School.

Alderman Weatherford advised on the 10th Annual Shop With A Hero event to be held on December 13 and welcomed the young men from the CrossOver Mentoring Group of North Cobb and Awtrey Middle school(s) to attend and volunteer their time. Alderman Weatherford advised that he was proud of the young men from the mentoring group and that they had made a good impression.

Alderman Houston commended Reverend DeAnna Fountain for the job that she and her husband were doing with the young men. Alderman Houston advised on the importance of the young men making good decisions in life that would affect them in the future, as well as the importance of having good mentors to provide leadership.

8. MAYOR’S COMMENTS

Mayor Allegood advised on the passing of Former Mayor Joe T. Chambers who will be recognized and honored on the “Wall of Fame” (located in the foyer of the Council Chambers) at a later date. Mayor Allegood advised that Former Mayor Chambers was a great contributor to the community and that he made a difference. Mayor Allegood advised that Lieutenant Governor Casey Cagle spoke at the recent Acworth Business Association meeting and advised how his former pastor took the time to mentor and inspire him. Mayor Allegood advised that Lieutenant Governor Cagle commented that his most important thing in his life was that he made a difference in the lives of others, giving credit to God and Jesus Christ.

9. PUBLIC COMMENT There were none.

10. ADJOURNMENT

Alderman Pugliese moved for adjournment. Alderman Weatherford seconded. The motion approved unanimously. Mayor Allegood adjourned the Regular Meeting at 7:35 p.m.

______________________________ _____________________________ Thomas W. Allegood, Mayor Regina R. Russell, City Clerk

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Mayor and Board of Aldermen ITEM/AGENDA DESCRIPTION:

Approval to purchase gift certificates from Target for city employee holiday gifts in the individual amount of $40.00 each for a total not to exceed $6,200.00.

AGENDA DATE: December 4, 2008

STAFF RECOMMENDATION:

Approval to purchase gift certificates from Target for city employees in the individual amount of $40.00 each for a total not to exceed $6,200.00.

BACKGROUND:

Each year the City issues gift certificates in the amount of $40.00 to each employee as a holiday gift. The past few years these have come from Wal-Mart. Staff recommends that this year we alternate to Target and use the same amount per employee this year. There are 151 employees at the most recent payroll. We have purchased a few additional cards each year for the good measure. Unused cards are provided to the Parks & Recreation Department for event purchases throughout the year.

Adequate funds have been budgeted in the Mayor and Board of Aldermen’s budget for 2008.

FISCAL IMPACT:

Not to exceed - $6,200.00 G/L # 100/11100/51.2910

ATTACHMENTS: None

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4

BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT: POWER

ITEM/AGENDA DESCRIPTION: Appointment of Van R. Blackwood as Power

Superintendent effective January 5, 2009 and Approval of Employment Agreement between City and Van R. Blackwood

AGENDA DATE: December 4, 2008

STAFF RECOMMENDATION: Approve the Appointment of Van (Rusty) Blackwood as Power Superintendent

BACKGROUND: Our current Power Superintendent Jimmy Barker has given the city notice of his intention to retire on January 2, 2009. Alderman Pugliese, Alderman Houston and the City Manager have discussed different ways to fill the position and feel that Mr. Blackwood is the right person for the job as he is currently the number 2 person in the department. Mr. Blackwood has over 40 years experience in Public Power Distribution. He gets along with the current employees and knows the city’s system well.

It is the recommendation of the 2 Aldermen and City Manager that filling this position by promoting from within is the best option for the city.

FISCAL IMPACT: Salary is $75,000 yr, goes to $76,500 after 6 month review.

ATTACHMENTS: Employment Agreement and Cover Letter/Resume

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT: Power

ITEM/AGENDA DESCRIPTION:

Request approval for the purchase of a SensorLink Varcorder needed from Equity Utility for the recording of current, vars, and power factors for the Power Department in the amount of $5,045.00.

AGENDA DATE: 12/04/08

STAFF RECOMMENDATION:

Approve the request for the purchase of a SensorLink Varcorder needed Equity Utility for the amount of $5,045.00.

BACKGROUND:

With the updating of our capacitor controllers to multiple schemes, we will need to acquire data. The SensorLink Varcorders allow for the recording of current, vars, and power factors. This data is needed to allow for the evaluation and accurate placement of capacitors and their controllers. Price quotes were received from two companies.

Equity Utility Services $5,045.00 Wesco Distribution $5,046.70

FISCAL IMPACT: $5,045.00

Budget Line Item: 510-46120-54.4300 (System Upgrade)

FY 2008 budget is $75,000.00. The total of $62,390.95 has been spent this year.

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Yes

LIST OF MATERIAL

QUANTITY: 1

DESCRIPTION: Recording Ammeter Kit with Carrying Case MANUFACTURER: SensorLink Varcorder

CATALOG # 6-910-3

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Parks and Recreation ITEM/AGENDA DESCRIPTION:

Approval for the Atlanta Water Ski Club to the use Lake Acworth for the Acworth Water Ski Open June 12, 2008 through June 14, 2008 and authorize Mayor to sign the contract. AGENDA DATE:

12/04/2008

STAFF RECOMMENDATION:

Approve the Atlanta Water Ski Club to the use Lake Acworth for the Water Ski Tournament and authorize Mayor to sign contract.

BACKGROUND:

The Atlanta Water Ski Club is requesting the use of Lake Acworth from June 12, 2009 through June 13, 2009 to host a Water Ski Tournament. There may be some limited vendor setup and sponsor display. The event was held for the first time last year and there was minimal impact on the park and staff. The Atlanta Water Ski Club is the organization that uses Lake Acworth for their Wednesday night slalom league throughout the summer. The club has frequently given back by performing at the Love the Lake Festival and building two docks at Cauble Park. This event will potentially coincide with the first summer concert of the year, but staff will place stipulations on the Ski Club to be accommodating to the event.

FISCAL IMPACT: None

ATTACHMENTS:

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Parks and Recreation Department

ITEM/AGENDA DESCRIPTION:

Approval for Hwy 41 Bluegrass Band to hold monthly blue grass concerts the second Saturday of each month from April 2009 through October 2009 at Logan Farm Park and authorize Mayor to sign the contract.

AGENDA DATE: December 4, 2008

STAFF RECOMMENDATION:

Staff recommends the approval of the events and authorize Mayor to sign contract. BACKGROUND:

As you may recall, Logan Farm Park was the home of the Acworth Opry until about 2 years ago. They would have a concert the 2nd Saturday of the month and a jam session the 4th Saturday of the month. Grady Clark, with Hwy 41 Bluegrass Band would organize the event, schedule the bands that would perform each month and run a concession stand during the concerts. The event would run on the 2nd Saturday of each month from 6:00 – 9:00 p.m. beginning April 2009 and ending October 2009. The city would provide the stage for the bands. There will be no admission fee for this event.

FISCAL IMPACT: None

ATTACHMENTS:

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Parks and Recreation ITEM/AGENDA DESCRIPTION:

Approval of the job description for the Parks and Recreation Special Populations Coordinator and to amend the city pay scale to reflect the position.

AGENDA DATE: 12/04/2008

STAFF RECOMMENDATION:

Approve the job description and to amend the pay scale. BACKGROUND:

As you are aware Parks and Recreation staff recommended in the upcoming budget to add a Special Populations Coordinator to coordinate programs for the special needs and senior citizen populations. A job description must be developed to create the position and allow staff to advertise for applicants. The job description is attached. The pay scale range will be the same as the current Recreation Coordinator and Operations Manager positions.

FISCAL IMPACT:

Salary plus benefits. ATTACHMENTS:

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Job Title: Special Populations Coordinator

Department: Parks and Recreation Department, City of Acworth, Georgia

Job Summary: This position is responsible for the coordination of recreational activities for special populations including, but not limited to special needs and senior citizens.

MAJOR DUTIES:

• Perform duties related to the planning, preparation, operation, and evaluation of recreation programs and events for special needs and senior citizen populations.

• Plans, organizes, and develops seasonal summer camps, social functions, and all sports and recreation programs for people with special needs and the senior citizen population. • Plans and organizes meetings for city boards and commissions related to special

populations.

• Ensures coach compliance with certifications and background checks for all volunteer based programs.

• Assist the Parks & Recreation Director in all requested duties and projects • Perform other related duties as assigned.

PREFERRED KNOWLEDGE:

• Knowledge of Microsoft Word, Excel, Outlook, Power Point, and internet knowledge. • Skills in the use of computers, copy machines, fax machines, and phones.

• Strong math skills and accurate data entry skills. • Skills in management, planning, and organization. • Skills in oral and written communication.

• A certified parks and recreation professional though the National Parks and Recreation Association.

MINIMUM QUALIFICATIONS:

• Minimum of 1-year experience in the recreation or related field. • Must have a valid Georgia Driver’s License.

• Must be able to work 40 hours a week and overtime if needed. This position will require a flexible schedule to work weekends, holidays and evenings.

• Must possess a degree in a recreation related program, sports management, public administration, or related field.

• Must be able to follow all city ordinances, policies, and procedures.

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Some work is performed at a desk in an office setting. On occasion work is performed out doors and includes standing for a long period of time.

WORK HOURS AND CONDITIONS

Regular attendance is necessary job function required for this position. Working hours vary depending on the season and program. This position is a salaried position.

ADA REQUIREMENTS

The incumbent must have full use of upper limbs, especially hands and fingers (for computer operation). Eyeglasses or corrective lenses may be worn to provide 20-20 vision for the incumbent. Hearing aids are also satisfactory.

Please submit a cover letter, resume, and completed employment application to James Albright, Director of Parks and Recreation via email at [email protected], fax to 770-966-7891, or mail to 4762 Logan Road, Acworth, Ga, 30101. All applications are due by Friday, April 27.

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT: Parks and Recreation

ITEM/AGENDA DESCRIPTION:

Approval to amend the project scope of phase one of the Tanyard Creek Park Trail Project to include a trail connecting Logan Farm Park to Cherokee Street.

AGENDA DATE: 12/4/2008 STAFF RECOMMENDATION:

Approve to amend the project scope. BACKGROUND:

As you may be aware staff has been working with the Corps of Engineers to get the Master Plan, Environmental Assessment, and the implementation plans (construction documents) for Tanyard Creek Park approved by the Corps of Engineers. The design work has been paid for with CDBG funds and the future construction of the trail will be funded through them as well. This is been a long and thorough process. The last update from the Corps said it could be February or March before official notice to proceed with construction is received.

CDBG has requested that the city work on spending the current balance of the $143,905. The city will also be receiving approximately $70,000 in next year’s grant award. In order to expend these monies staff is recommending that council amend the project scope to include a portion of trail that will connect the lower walking track at Logan Farm Park and connect through the Old McCray property and end at Cherokee Street. The trail wold run parallel to Tanyard Creek.

FISCAL IMPACT:

Design costs related to engineering the trail and preliminary trail estimates based on the Public Works indefinite quantities contract are in the neighborhood of $150,000. ATTACHMENTS:

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BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Community Development – Planning & Zoning

ITEM/AGENDA DESCRIPTION:

Proposed Text Revision to the Sign Ordinance.

AGENDA DATE:

12/01/08 & 12/04/08

STAFF RECOMMENDATION:

Staff recommends approval of the proposed amendment to the Sign Ordinance.

BACKGROUND:

As you may recall, in February this year, staff amended the Sign Ordinance to prohibit the use of LED signage except for use as reader boards as a response to concerns regarding the effects the signs have on driver distraction and brightness issues. Since this adoption, staff has researched the issues of concern as well as had discussions with various municipalities regarding their adoption of LED signage regulation as they apply to billboards. With this in mind, Staff has prepared the following revision to allow for LED Billboard signage with very specific provisions and regulations.

The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous. It should be noted that within the LED amendment, there was extensive discussion regarding the brightness levels of the signs. The Commissioners were equally split (5-4) between keeping the amendment at 0.2 foot candles versus a proposed 0.3 foot candles proposed by representatives of Clear Channel Outdoor who were in attendance to support the amendment. Chairman

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Flanagan, and Commissioners Aiken, Whitworth, Steorts and Carmichael supported the more conservative 0.2 foot candle proposal of staff to err on the side of caution allowing for a potential increase to 0.3 if deemed appropriate in the future. Commissioners McPherson, Jacobs, North and DiCecco supported the 0.3 foot candles as proposed by the Clear Channel representatives. Ultimately vote passed for all sign revisions proposed unanimously – the Commissioners asked that the Mayor and Board of Aldermen be advised of this division of support for the brightness though.

The Commissioners also discussed at length a proposal of the City giving a moratorium on the enforcement of banners for businesses for the month of December. While there was support for the spirit of what the City was trying to do to aid the businesses this season, there were strong concerns regarding precedent being set for future such “moratoriums” during other times of the year as well. They felt that the existing ordinance allows for adequate posting. A consensus of 7-2 did not support such a program with Commissioners Jacobs and DiCecco being the only Commissioners in support of the proposition.

FISCAL IMPACT: None

ATTACHMENTS: None

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STAFF REPORT AND IMPACT STATEMENT:

November 26, 2008 (as amended)

To: City of Acworth Planning and Zoning Board

From: Christine Dobbs, Community Development Director Subject: Sign Ordinance Revisions

Background: As you may recall, in February this year, staff amended the Sign Ordinance to prohibit the use of LED signage except for use as reader boards as a response to concerns regarding the effects the signs have on driver distraction and brightness issues. Since this adoption, staff has researched the issues of concern as well as had discussions with various municipalities regarding their adoption of LED signage regulation as they apply to billboards. With this in mind, Staff has prepared the following revision to allow for LED Billboard signage with very specific provisions and regulations.

A) LED Billboard Sign Ordinance Revision

[add text in bold]

Section 2 Definitions

LED Signage – Digital signage that uses LED (Light Emitting Diode) screens as the digital display sign where content is displayed as an image.

Section 25 Billboards

In order to promote a better aesthetic character in the City of Acworth, billboards shall be allowed in the Highway 41 Corridor District and the Highway 92 District. In these districts, billboards may be considered primary or secondary uses, and shall be allowed to occupy the same parcel as any other primary use, and therefore all uses must meet the minimum lot requirements of the zoning district in which the parcel lies. Incomplete applications will not be accepted for processing. The regulation and design of all billboards shall be governed by this Ordinance, with the following standards:

1) A state DOT permit must accompany an application for a billboard.

2) Billboards shall be allowed on properties within the Highway 92 and Highway 41 District, but only on those properties zoned C-2.

3) Due to the public health, safety, and welfare concerns there shall be an initial inspection of billboards and re-inspection every 5 years.

4) New billboards are to be located no closer than 250 feet to the nearest residentially zoned property, as measured from the outermost perimeter of the sign.

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6) Any portion of the billboard will be required to stay outside the setback area (thus keeping the potential of billboards from falling into neighboring properties).

7) If a billboard is constructed on a C-2 property in the billboard districts (Highway 92 and Highway 41 Districts), should the property be rezoned to some other zoning category than C-2, the billboard would have to be removed.

8) No billboard shall have an area larger than four hundred (400) square feet excluding border and trim but including base, apron, supports, and other structural members.

9) No portion of any billboard shall be higher than forty (40) feet from the level of the ground. 10) No billboard shall be located within one thousand (1000) feet of any other billboard

(including billboards outside the City Limits), as measured from any direction. A radial survey shall be provided by the applicant prepared by a registered land surveyor or professional engineer. Tax digest maps or other maps used for reference purposes shall not be accepted as a survey. Said survey shall illustrate (not just label) the nearest adjacent billboards and the parcels upon which they are located with the distances specified.

11) Billboards shall be erected only in the buildable area of a lot, and at least forty (40) feet from any property line.

12) No tree shall be cut, trimmed, or pruned in locating, erecting, or maintaining any billboard.

13) An LED Billboard Shall:

a) Contain static messages only, and shall not have movement nor flashing on  any  part  of  the  sign  structure,  design,  or  pictorial  segment  of  the  sign,  nor  shall such sign have varying light intensity during the display of any single  message.  b) Electronic Changeable Message Signs may not operate at brightness levels of  more than 0.20 foot candles above ambient light levels as measured at the  following distances:    SIGN SQ. FEET      DISTANCE    < 300’             150’  301’ – 400’            200’   

c) The  owner  of  said  LED  billboard  sign  shall  arrange  for  an  annual  certification  of  the  lumens  showing  compliance  by  an  independent  contractor and provide said certification to the City of Acworth. 

d) Each sign must have a light sensing device that will adjust the brightness of  the display as the natural ambient light conditions change. 

e) No  LED  billboard  sign  shall  be  located  within  5,000  feet  of  another  LED  billboard sign on either side of the road. 

f)    Electronic  Changeable  Message  Signs  shall  meet  the  same  installation  and  permitting requirements and inspections as set out for electrical signs and  all other signs. 

g) The  owner  of  said  LED  billboard  sign  shall  coordinate  with  the  local  authorities to display, when appropriate, emergency information important  to  the  traveling  public  including,  but  not  limited  to  Amber  Alerts  or  alerts  concerning  terrorist  attacks  or  natural  disasters.    Emergency  information  messages shall remain in the advertising rotation according to the protocols  of the agency that issues the information. 

(31)

h) The  owner  of  said  LED  billboard  sign  shall  provide  to  the  City  of  Acworth  contact information for a person who is available to be contacted at any time  and who is able to turn off the electronic sign promptly after a malfunction  occurs.  If, at any time more than 5% of the LED display lights malfunction or  are no longer working, the owner of said LED billboard shall make repairs to  the sign within sixty (60) days or the sign will require removal. 

i)    If  the  City  of  Acworth  finds  that  the  LED  billboard  sign  causes  a  glare  or  otherwise impairs the vision of the driver of a motor vehicle, the owner of  the sign, within twenty four (24) hours of a request by the City, shall reduce  the intensity of the sign to a level acceptable to the City. 

j)    Each sign must comply with all Georgia Department of Transportation rules  and  regulations  applicable  to  Electronic  Changeable  Message  Signs  where  not in conflict with this Ordinance. 

B) Amendment to monument sign regulations

Staff has been approached with design specifications for monument signs, specifically how tall the base of the sign should be. Currently there is no provision within the sign ordinance that regulates the heights of the monument bases. By setting a standard, this will also create uniformity amongst new signs. Therefore, staff is proposing to add to all sign district monument sign specifications the following amendment (Central Business District, Highway 41 Corridor, Highway 92 Corridor, Light Commercial (Main Street/Baker Rd) Corridor, Industrial District, Gateway District, and Residential District):

[add text in bold]

The base of the monument sign shall, at a minimum, be a height that is 15 percent of the total height of the overall sign from top to bottom.

P&Z RECOMMENDATION:

The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous.

STAFF RECOMMENDATION:

(32)

BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Community Development – Planning & Zoning

ITEM/AGENDA DESCRIPTION:

Living Waters Church request for a Special Land Use Permit for a religious institution located at 4182 South Main Street. The property is zoned C-2 (Community Retail Commercial).

AGENDA DATE:

12/01/08 & 12/04/08

STAFF RECOMMENDATION:

Staff recommends approval of the Special Land Use Permit request with the stipulations attached in the staff report.

BACKGROUND:

The applicant is requesting approval of a Special Land Use Permit to occupy a 1,380 square foot building for a church meeting facility. The property is zoned C-2 (Community Retail Commercial) and sits on approximately 0.96 acres of land. The City requires a minimum lot area of 5 acres for a church thus requiring the Special Land Use Permit. The applicant has submitted a site layout sketch to support this request. Per the applicant, the congregation consists of approximately thirty (30) people with regular Sunday morning and evening worship services and occasional Wednesday Bible study classes.

The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous.

(33)

FISCAL IMPACT: None

ATTACHMENTS:

The supporting documents are available to view on the intranet on the council packet page. The documents are labeled as below:

4182 South Main Site Photo 4182 South Main Site Sketch 4182 South Main St Aerial

(34)

STAFF REPORT AND IMPACT STATEMENT:

November 26, 2008 (as amended)

To: City of Acworth Planning and Zoning Commission From: Christine Dobbs, Community Development Director

Subject: Special Land Use Permit approval for use of property located at 4182 South Main Street, for use as a church meeting facility.

Background: The applicant is requesting approval of a Special Land Use Permit to occupy a 1,380 square foot building for a church meeting facility. The property is zoned C-2 (Community Retail Commercial) and sits on approximately 0.96 acres of land. The City requires a minimum lot area of 5 acres for a church thus requiring the Special Land Use Permit. The applicant has submitted a site layout sketch to support this request. Per the applicant, the congregation consists of approximately thirty (30) people with regular Sunday morning and evening worship services and occasional Wednesday Bible study classes.

Analysis: Pursuant to the City of Acworth Zoning Ordinance, Staff has reviewed the request in accordance with the required review criteria for Special Use Permits listed in Section 70:

1. Review Criteria: Will there be a significant adverse effect on the neighborhood or area?

The proposed use of the existing commercial building as a small church is not expected to have any adverse effects. The predominant land use along South Main Street is commercial. There is a residential neighborhood located behind the property on the east side. During services, a slight increase in traffic and parking could be expected.

2. Review Criteria: Will the use be compatible with the neighborhood?

The proposed use of a portion of the existing commercial building, as a small church, would be compatible with the predominant land use in the area, which is a mix of commercial and residential.

3. Review Criteria: Will the proposed use constitute a nuisance as defined by state law?

The proposed use of this property is not anticipated to create a nuisance.

4. Review Criteria: Will the property values of the surrounding area be adversely affected?

In consideration of the commercial retail uses to the south and southwest, and daycare and restaurant uses to the north and south, it could be anticipated that the use of the existing building as a church would not be expected to have a negative effect on the property values of the surrounding area.

(35)

5. Review Criteria: Are adequate provision made for parking and traffic considerations?

The applicant’s site plan shows 22 existing parking spaces. In addition, there is potential for shared parking during non‐business hours with the other two (2) buildings on this same parcel. With this in mind, adequate parking is available for this use.

6. Review Criteria: Is the site or intensity of use appropriate?

The proposed use of an existing building for a small church is an appropriate intensity of use in consideration of the City of Acworth Comprehensive Plan’s designation of mixed use office as well as the character of the surrounding area. The area is a mix of commercial and residential.

7. Review Criteria: Are adequate provisions made regarding hours of operation? The applicant has stated they intend to have worship services on Sunday mornings and evenings and occasional Bible study on Wednesday evenings.

8. Review Criteria: The location or proximity of similar uses.

There is another church located near the applicant’s property to the south at the intersection of South Main Street and Nance Road. There is undeveloped land directly across the street from this property to the west. In addition, there are commercial uses to the north, south, and southwest.

9. Review Criteria: Are adequate controls and limits placed on commercial deliveries? The applicant has not specifically provided information about commercial deliveries. As the proposed use is a small church, deliveries are anticipated to be minor and infrequent. 10. Review Criteria: Have adequate landscaping plans been incorporated to insure an

appropriate transition?

The property is currently an existing building with parking. There is some minor landscaping existing; however, the applicant is not proposing any changes to the structure or surrounding property at this time.

11. Review Criteria: Will the public health, safety and welfare of the surrounding neighborhoods be adversely affected?

In consideration of the existing uses of this property, it could be anticipated that the use of the existing building as a church would not adversely impact the health, safety and welfare of the surrounding area.

12. Review Criteria: Is the use consistent with the Comprehensive Plan?

The use of this property as a church would be consistent with the provisions of the mixed use office district on City of Acworth Comprehensive Plan.

(36)

P&Z RECOMMENDATION:

The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous.

STAFF RECOMMENDATION:

Staff recommends approval of the application with the following the stipulations as presented:

1. Final approval shall be dependent on the approval by the Cobb County Fire Marshal and the Acworth Building Department based on the occupancy/use of the building.

2. All signage shall meet the provisions of the City of Acworth Sign Ordinance.

3. Except as otherwise provided herein, the development shall adhere to the stipulations set forth in Section 69.4 [A] of the City of Acworth Zoning Ordinance.

4. Except as otherwise provided herein, the development shall meet all City of Acworth Codes and the provisions of the Zoning Ordinance and Subdivision Regulations unless specifically approved by the Mayor and Board of Aldermen.

(37)

BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Community Development – Planning & Zoning

ITEM/AGENDA DESCRIPTION:

James Herring (for Acworth Integrity Automotive) request for a variance to waive zoning requirement prohibiting light automotive repair adjacent to or directly across from residentially‐zoned districts for property located at 5251 Lake Acworth Drive. The property is zoned C-2 (Community Retail Commercial).

AGENDA DATE:

12/01/08 & 12/04/08

STAFF RECOMMENDATION:

Staff recommends approval of the variance request with the stipulations attached in the staff report.

BACKGROUND:

A Meineke Car Care Center began operating at this site December 2004. The Meineke performed light automotive repair until they went out of business January 2007, which is outside the six (6) month window for grandfathering the non-conforming use. The C‐2 (Community Retail Commercial) section of the City of Acworth Zoning Ordinance prohibits the light automotive repair use “on a lot which is adjacent to or directly across the street from any single family residential district.” The subject property is located directly across from property that is zoned R-2 (Single Family Residential) though the property is currently unimproved vacant land. The applicant is seeking to have this restriction removed as the property was previously used as light automotive repair.

The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous.

(38)

FISCAL IMPACT: None

ATTACHMENTS:

The supporting documents are available to view on the intranet on the council packet page. The documents are labeled as below:

5251 Lake Acworth Dr Aerial 5251 Lake Acworth Dr Photo

(39)

STAFF REPORT AND IMPACT STATEMENT:

November 26, 2008 (as amended)

To: City of Acworth Planning and Zoning Commission From: Christine Dobbs, Community Development Director

Subject: Variance request to remove the zoning requirement prohibiting light automotive repair adjacent to or directly across from residentially‐zoned districts. The property is located at 5251 Lake Acworth Drive and is zoned C-2 (Community Retail Commercial)

Background: A Meineke Car Care Center began operating at this site December 2004. The Meineke performed light automotive repair until they went out of business January 2007, which is outside the six (6) month window for grandfathering the non-conforming use.

The C‐2 (Community Retail Commercial) section of the City of Acworth Zoning Ordinance prohibits the light automotive repair use “on a lot which is adjacent to or directly across the street from any single family residential district.” The subject property is located directly across from property that is zoned R-2 (Single Family Residential) though the property is currently unimproved vacant land. The applicant is seeking to have this restriction removed as the property was previously used as light automotive repair.

Analysis: Pursuant to the City of Acworth Zoning Ordinance, Staff has reviewed the request in accordance with the review criteria for variances established in Section 110. The Planning and Zoning Board and the Mayor and Aldermen shall consider evidence that such variance is required by at least one of the following causes:

a) Review Criteria: Because of an existence in good faith of a non-conforming use at a time prior to the adoption of the Zoning Ordinance of the City of Acworth, or amendments thereto, requires the continuance of such non-conforming use.

The subject property was a light automotive repair use from December 2004 through January 2007 when it operated as a Meineke Car Care Center. There is currently an insurance agency in part of the building and the remainder of the building is proposed for use as light automotive repair. The applicant has submitted a site plan showing the building with surrounding parking. There is not a request to continue a non-conforming use as the light automotive repair portion of the property has not operated since January 2007. Therefore, this criterion is not applicable in this case.

b) Review Criteria: There are extraordinary and exceptional conditions creating a substantial hardship to the applicant which pertain to the particular piece of property or building in question because of its size, shape or topography.

(40)

The property was developed and used as a Meineke Car Care Center from December 2004 until January 2007. The property is not irregularly shaped and has a level pad without topographical concerns. Therefore, this cause is not applicable in this case.

c) Review Criteria: Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the ordinance.

While the Community Retail Commercial (C‐2) section of the City of Acworth Zoning Ordinance prohibits light automotive repair uses from being located directly across from single family residentially zoned areas, the building was constructed to be a light automotive repair shop. In addition, the property is surrounded on three sides by commercial development.

With this in mind, this request, as presented to staff, does not appear to cause detriment to the public good and would be consistent with the purpose and intent of the ordinance. Therefore, this overall criterion is satisfied.

P&Z RECOMMENDATION:

The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous.

STAFF RECOMMENDATION:

Finding that criteria c), as described above, have been met in this case;

Staff recommends that a variance from Section [#8(c)] of Section 50.9 (C‐2, Community Retail Commercial) of the City of Acworth zoning ordinance be approved with the following stipulations:

1. The applicant shall work with the Building Department and Fire Marshal to obtain the appropriate permits and inspections required.

2. Except as noted otherwise herein, the development shall adhere to the stipulations set forth in Section 50.9, [A] of the City of Acworth Zoning Ordinance.

3. Except as otherwise provided herein, the development shall meet all City of Acworth Codes and the provisions of the Zoning Ordinance and Subdivision Regulations unless specifically approved by the Mayor and Board of Aldermen.

(41)

BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Community Development – Planning & Zoning

ITEM/AGENDA DESCRIPTION:

Proposed Text Revision to the Zoning Ordinance.

AGENDA DATE:

12/01/08 & 12/04/08

STAFF RECOMMENDATION:

Staff recommends approval of the proposed amendment to the Zoning Ordinance.

BACKGROUND:

Staff periodically becomes aware of provisions in the zoning ordinance that should be considered for revision or addition of text to clarify the intent of the ordinance. Recently Staff has become aware of such a situation which is presented below for consideration. The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous.

FISCAL IMPACT: None

(42)

ATTACHMENTS: None

(43)

STAFF REPORT AND IMPACT STATEMENT:

November 26, 2008 (as amended)

To: City of Acworth Planning and Zoning Board

From: Christine Dobbs, Community Development Director Subject: Zoning Ordinance Revisions

Background: Staff periodically becomes aware of provisions in the zoning ordinance that should be considered for revision or addition of text to clarify the intent of the ordinance. Recently Staff has become aware of such a situation which is presented below for consideration by the Planning and Zoning Commission.

A) Proposed changes to C-1, Neighborhood Retail Commercial District

Building Setbacks:

With the many development and re-development projects occurring within the historic downtown area, staff is proposing a change in two of the setback standards to keep new construction consistent with existing historic structures. The changes recommended are listed below:

SECTION 66 Bulk Sanitation Containers

Below is staff’s recommended changes [add text listed in red]:

SECTION 66 Bulk Sanitation Containers

Bulk sanitation containers shall not be located within a detached single family district. They are limited to rear or side yards and must be located in such a manner as to be screened from view from the public right of way. The containers shall be fully enclosed, with the exception of the gates or opening. The enclosure shall be constructed with the same materials of the primary building. The enclosures shall have a roof structure.

Said enclosures shall be located no closer than three (3) feet to any property line and shall not encroach into a protected buffer area. No bulk container shall be located within 50 feet of a structure utilized for detached single family residential purposes. The Administrator may provide for an exemption from this requirement when conditions cannot be met. In such cases, the property owner or tenant may submit a plan for the Director’s approval. Such plan may include provision for an alternative container utilizing appropriate screening such as a nontransparent fence not less than 6 feet in height with a gate which will open in full to allow service. The bulk container shall be stored within the enclosure at all times unless in the process of disposal.

B) Proposed changes regarding “storage” of vehicles under repair:

Code Compliance has experienced situations where a vehicle has been worked on, or in the process of being worked on and the owners of the vehicle cannot afford further repairs. The automotive shops do not release the vehicles until payment is received and in many cases the vehicles remain parked, typically

(44)

in a state of disrepair, for weeks, months or in a few cases years. Staff considers these vehicles as being stored and should be screened as such, especially while in a state of disrepair. Therefore, staff is proposing the following amendment to all automotive repair sections:

50.9 C-2, Community Retail Commercial

Below is staff’s recommended changes [add text listed in red]:

8. Light Automotive repair shops.

a) Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.

b) All activities shall be carried on entirely within an enclosed building.

c) Such use shall not be established on a lot which is adjacent to or directly across the street from any single family residential district.

d) All outdoor storage must be to the rear of the principal structure and enclosed by a solid fence or wall no less than six feet in height.

e) No vehicle under repair shall remain parked for a period of more than thirty (30) days without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

9. Automobile service stations.

a) All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.

b) Canopies over fuel islands shall not encroach within 15 feet of any property line.

c) Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.

d) No outside storage or engine/body dismantling is allowed.

e) No vehicle under repair shall remain parked for a period of more than thirty (30) days without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

11. Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.

a) All activities shall take place within an enclosed building. b) No outside storage or engine/body dismantling is allowed.

c) No vehicle under repair shall remain parked for a period of more than thirty (30) days without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

50.13 LI, Light Industrial

33. Automobile service stations.

a) All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.

(45)

b) Canopies over fuel islands shall not encroach within 15 feet of any property line.

c) Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.

d) No outside storage or engine/body dismantling is allowed.

e) No vehicle under repair shall remain parked for a period of more than thirty (30) days

without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

34. Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.

a) All activities shall take place within an enclosed building. b) No outside storage or engine/body dismantling is allowed.

c) No vehicle under repair shall remain parked for a period of more than thirty (30) days

without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

35. Automotive repair shops (including paint and body).

a) Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.

b) All activities shall be carried on entirely within an enclosed building.

c) Such use shall not be established on a lot which is adjacent to or directly across the street from any single family residential district.

d) All outdoor storage must be to the rear of the principal structure and enclosed by an opaque fence no less than eight feet in height.

e) No vehicle under repair shall remain parked for a period of more than thirty (30) days

without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

50.14 HI, Heavy Industrial

34. Automobile service stations.

a) All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.

b) Canopies over fuel islands shall not encroach within 15 feet of any property line.

c) Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.

d) No outside storage or engine/body dismantling is allowed.

e) No vehicle under repair shall remain parked for a period of more than thirty (30) days

without being considered “stored.” If a vehicle remains parked for a period of more than fifteen (15) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

35. Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.

(46)

a) All activities shall take place within an enclosed building. b) No outside storage or engine/body dismantling is allowed.

c) No vehicle under repair shall remain parked for a period of more than thirty (30) days

without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30), said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

36. Automotive repair shops (including paint and body).

a) Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.

b) All activities shall be carried on entirely within an enclosed building.

c) Such use shall not be established on a lot which is adjacent to or directly across the street from any single family residential district.

d) All outdoor storage must be to the rear of the principal structure and enclosed by an opaque fence no less than 8 feet in height.

e) No vehicle under repair shall remain parked for a period of more than thirty (30) days

without being considered “stored.” If a vehicle remains parked for a period of more than thirty (30) days, said vehicle shall be moved to the rear of the repair facility and screened or placed inside said repair facility where the vehicle shall remain until all repairs are completed.

C) Proposed changes regarding Restriction of Residing Within a Recreational

Vehicle

Code Compliance has experienced situations originating from complaints where recreational vehicles have been placed on lots, either with a structure or not, that have people living in them on a permanent basis. The Zoning Ordinance currently does not address such uses of these vehicles. Staff has contacted neighboring municipalities also experiencing an increase of these residential uses of recreational vehicles. Therefore, staff is proposing the following amendment to the Use Limitations section of all residential zoning districts:

ALL RESIDENTIAL ZONING DISTRICTS (R-1, R-2, R-3, R-5, RM-6, RM-8, RC, MU) Use Limitations:

[add text listed in red]:

Recreational vehicles may be occupied as temporary dwellings as a temporary accessory use for no more than fourteen (14) days within any two-month period, and only if there is a permanent dwelling unit as a principal use on the lot and only if the recreational vehicle is parked in conformance with this Ordinance. No more than one (1) recreational vehicle may be so occupied on the same lot.

(47)

P&Z RECOMMENDATION:

The Planning and Zoning Commission heard the applicant’s request at their November 25, 2008 meeting and voted to recommend approval of variance request. The vote to recommend approval for the requests was unanimous.

STAFF RECOMMENDATION:

(48)

BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Community Development – Planning & Zoning

ITEM/AGENDA DESCRIPTION:

Proposed moratorium on the enforcement of banners for the month of December 2008.

AGENDA DATE: 12/04/08

STAFF RECOMMENDATION:

Staff recommends approval of the proposed temporary moratorium.

BACKGROUND:

Per discussions at the December 1, 2008 Mayor and Board of Aldermen meeting, there was support to offer a temporary moratorium on the enforcement of temporary banner signs with specific provisions. This is in an effort to support the City of Acworth business community by allowing additional advertising opportunities on a temporary basis.

FISCAL IMPACT: None

ATTACHMENTS: None

(49)

BOARD OF ALDERMEN

AGENDA ITEM BACKGROUND SHEET

DEPARTMENT:

Economic Development

ITEM/AGENDA DESCRIPTION:

Approval of the Resolution No. RS2008-20 adopting the 2008 Update to the Comprehensive Plan Short Term Work Program (STWP) and Capital Improvement Element (CIE)

AGENDA DATE: 12/04/2008

STAFF RECOMMENDATION:

Staff recommends approval of Resolution No. RS2008-20 adopting the 2008 annual update to the short term work program (STWP) and capital improvement element (CIE) of the Comprehensive Plan.

BACKGROUND:

The City has been notified that the Georgia Department of Community Affairs (DCA) and the Atlanta Regional Commission (ARC) has approved the 2008 annual update to the STWP/CIE. As you may recall, the update is required annually, and after being reviewed by ARC and DCA, they are to be formally adopted by the Mayor and Board of Aldermen. The STWP/CIE is the implementation section of the Comp Plan that lists specific goals and work projects for the next five years. Goals and projects are listed by City department. At their August 26th meeting, the Planning & Zoning Commission reviewed the annual update and voted unanimously to recommend approval. At the September 4, 2008 meeting, the Board of Aldermen adopted a resolution transmitting the annual update to ARC and DCA for review.

Now that the update has been reviewed and approved by ARC/DCA, the City may now formally adopt the update and continue its Qualified Local Government status.

(50)

FISCAL IMPACT: None. ATTACHMENTS:

A resolution adopting the annual update is attached. A copy of the updated STWP/CIE to the Comprehensive Plan is located in the image folder.

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