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09-15-1997 Regular MeetingSeptember 15, 1997 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 was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Chris Corey, Personnel Officer, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. Invocation was given -by Reverend Steven Kimmel, First Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Chief Larry Williams. Chief Williams presented Firefighter Robbie Kennedy with a certificate of Achievement from the Georgia Emergency Management Association. Mayor Bacon recognized Sue Verner, 3342 Creatwood Trail. Ms. Verner presented the City Clerk with a letter listing concerns involving drainage issues in her subdivision. Ms. Verner stated the Heritage at Vinings subdivision has created some veiy-serious drainage problems and asked the council to review the development standards for the city. Ms. Verner stated she felt if the standards were stricter, some of these problems could be corrected. Ms. Verner expressed her appreciation to Mr. Lnenicka, Ken Hildebrandt and Howard Smith for their assistance. Ms. Verner asked what the chances are for having the city review its development standards. Councilman Lnenicka responded stated there is a letter in the mail today announcing a meeting next Thursday night, September 25, at 7:30 p.m. at City Hall, to review a proposal for a commercial building on the 1.2 acre site on Atlanta Road, across from Campbell Road. He stated the site is currently zoned General Commercial and theoretically the builder could get a building permit and build now. He stated the builder has agreed to delay those plans until he has a meeting with the affected nearby neighborhoods. Mr. Lnenicka stated the builder, at his request, has already gone back to his engineers and designed approximately 120% of the required storm water capacity according to the city's ordinances. Councilman Lnenicka stated he feels the city's standards are already high compared to Cobb County. Mr. Lnenicka stated he has invited the residents of Creatwood Subdivision to the meeting on September 25 because of the drainage issues and also because those residents will be close to the proposed development. Mr. Lnenicka stated he wanted the developer to be aware of these types of concerns. Mr. Lnenicka stated they have talked about storm water', landscaping, and have looked at different designs of the building to make sure it is compatible with the area. He stated they have also talked about signage and he informed the developer there would be no sign variances. Ms. Verner stated she was still concerned about the level of standards. Mayor Bacon asked Ms. Verner if there were any particular standards she wanted reviewed and she responded no. Mayor Bacon stated he feels the city has adopted some standards to help eliminate problems. Mayor Bacon further stated he lived in the Creatwood area twenty years ago and he experienced the same problems that Ms. Verner is now discussing. Councilman Lnenicka stated he would ask Howard Smith, Ken Hildebrandt and Robin Broyles to look at other communities, ordinances and standards to see if there are any the city should consider. Councilman Lnenicka again announced the meeting scheduled for September 25, 1997, at 7:30 p.m. in the council chamber at City Hall. He stated the purpose of the meeting is to consider the proposed development for the property on Atlanta Road directly across from Campbell Road. Mr. Lnenicka stated the developer, Mr. Lavalle, will be present during that meeting and will be available to discuss the proposed development. Councilman Lnenicka encouraged all interested citizens to attend the meeting. Councilman Cramer stated the council has not been avoiding any drainage concerns from the citizens of Smyrna. He also presented Ms. Verner with pictures of drainage problems in his Ward. He also stated the drainage problems are city-wide and not just in Ward 6. Mr. Cramer further stated he has experienced flooding problems at his home for the last twenty-two years. Mayor Bacon recognized Kristen Shinall, 310 Hickory Acres Drive. Ms. Shinall stated she is opposed to the recently installed speed humps in her neighborhood. Ms. Shinall stated she felt the speed humps are not the best way to control the speeding in her neighborhood. Councilman Cramer stated the petition for the installation was prepared by the residents of her neighborhood and ten of the twelve residents on her street signed the petition asking the City of Smyrna to install the speed humps. Mayor Bacon recognized Dan Phillips, 2653 Evergreen Trail. Mr. Phillips expressed his appreciation to the City of Smyrna for installing the speed humps. He further stated his daughter was handicapped and he September 15, 1997, meeting - continued especially thought the speed humps were necessary. Mr. Phillips stated he had personally gone to each resident and asked if they would be interested in requesting speed humps installed in their neighborhood. He stated everyone he talked with supported the installation of the speed humps and signed the petition. Mayor Bacon recognized Jack Shinall, 310 Hickory Acres Drive. Mr. Shinall stated he did know that ten people on his street signed the petition for speed breakers but it is his personal opinion that speed breakers and stop signs do not control traffic violations. Mr. Shinall stated he had spoken with several of the people who signed the petition and they informed him they did not all agree on speed breakers but they did agree there is a speeding problem. Mr. Shinall stated he was present tonight to personally state he did not think speed breakers or stop signs is the solution to the speeding problem in Smyrna. Councilman Cramer stated he respected Kristen and Jack Shinall's opinion as they are residents of Ward 5. He further stated he could only respond to the petition requesting the installation of speed humps. Mr. Cramer further stated the majority of the residents requested the installation of the speed humps. PUBLIC HEARINGS: (A) Rezoning and Land Use Change Request — Spring Road (10.37 Acres) Rezone from General Commercial and R-15, Single Family Residential to RM-12, Multi -Family for Townhomes (RTD Conditional) and Change Land Use from Low Density Residential to High Density Residential Mr. Smith stated Mike Grimsley and Bob Carlton, Ashwood Properties, are here tonight to address any issues regarding this issue. Mr. Smith stated the applicant has put together four tracts totaling 10.37 acres and they are planning to build 100 townhouses which would have a density of 9.64 units per acres. He stated this property is adjacent to Lexington Trace Townhomes and is on Spring Road. Mr. Smith further stated there are a number of stipulations that the city is requesting the applicants to address with the Mayor and Council this evening. Mayor Bacon asked them to step forward. Mayor Bacon also stated this is a public hearing and asked those who wished to speak either in support of or opposition to the granting of the rezoning request to come forward. City Attorney Chuck Camp swore in those persons wishing to speak to this issue. Councilman Scoggins asked Mike Grimsley if representatives had met with the surrounding homeowners in the last couple of weeks. Mr. Grimsley responded they have. Mr. Scoggins asked about the stipulations Ashwood Properties has agreed to for the proposed rezoning requested by the residents. Mr. Grimsley stated they are developing properties all around Atlanta and have developed several in Cobb County. He further stated they are proposing to build 100 twnhomes on the 10.37 acre site on Spring Road and Elmwood Drive. Mr. Grimsley stated the density is less than ten per acre. Mr. Grimsley stated he would like to read the stipulations that they have derived from the meetings with affected residents. Mr. Grimsley then read the following stipulations and stated his company is agreeable with the following stipulations. 1. The property shall be zoned for fee simple town homes and shall be at least 90% owner occupied at all times. The developer/builder agrees to market the town homes as "for sale" units only. 2. The property shall be zoned with a maximum density of 9.6 units per acre. The total units on the property shall not exceed 100 town homes. 3. A minimum of 50% of the town homes shall have all brick fronts; the remaining 50% shall be brick or stucco. All end units shall have brick or stucco sides. This stipulation is contingent upon the Economic Incentive Package being passed by the Council and Mayor. 4. Each town home shall have between 1,200 square feet and 1,700 square feet of heated space. 5. All utilities shall be underground 6. All trash collection shall be accomplished by collection methods acceptable to the City of Smyrna Public Works Department. 7. All drainage and storm water detention facilities shall meet all applicable state, city and county ordinances and codes, shall be reviewed by the city engineer, and shall be designed to discharge at a maximum flow rate that is 85% of the existing flow rate currently exiting the property. 8. The storm water detention facility shall be screened from view from the exterior and interior of the development by use of fencing and landscaping. 9. There shall be a ten -foot, undisturbed (no tree cut) buffer maintained along the entire western boundary of the property adjacent to the Lexington Trace Town Homes. 10. Each town home shall have two assigned parking spaces. These assigned parking spaces along with the town home address shall be recorded with the Clerk of the Court in the Public Records of Cobb County, Georgia, in the Covenants, Conditions, and Restrictions of the development. Thirty-four (34) additional spaces shall be provided as guest parking. Parking shall be allowed only in designated parking spaces (no on -street parking). The parking of recreational vehicles, boats, trailers, or disabled vehicles of any type shall be prohibited on the property. 11. Street lights shall be provided within the development and shall be acorn -globe type street lights. September 15, 1997, meeting - continued 12. The entry way from Spring Road shall be professionally landscaped and shall include a six-foot berm along the Spring Road frontage. A landscaping sprinkler system shall be included. 13. The entry way on Elmwood Drive shall be professionally landscaped and shall include four (4), acorn - globe type streetlights. 14. All tree replacements on the property shall be in accordance with the City of Smyrna's tree ordinance. 15. The front, side, and rear of each town home shall be sodded. 16. The development shall have a mandatory homeowner's association. 17. All streets within the development shall be private and shall be maintained by the mandatory homeowner's association. 18. It shall be recorded with the Clerk of the Court in the Public Records of Cobb County, Georgia, in the Covenants, Conditions, and Restrictions of the development that all of the following shall be maintained by the mandatory homeowner's association: (a) All entry -way walls, fencing and signage (b) All entry -way landscaping and sprinkler system (c) All landscaping interior to the development including all front, side, and rear yards for each town home (d) All landscaping and fencing used for the purpose of screening the storm water detention facility 19. The planting of jonquils shall be incorporated in all entryway landscaping as well as landscaping throughout the interior of the development. 20. The following building sets as shown on the attached "Exhibit A" site plan shall be allowed to have seven town homes attached: Set #2, Set#5, Set #9, and Set #14. 21. The following building set as shown on the attached "Exhibit A" site plan shall be allowed to have eight town homes attached: Set #6 22. All aspects, features and details of the site plan prepared by Travis Pruitt & Associates, P.C., last revised 8/27/97, attached hereto and made a part hereof the zoning conditions as "Exhibit A" shall be allowed under this zoning. Mr. Grimsley stated there is one additional item that is the result of negotiations with the both the city and the neighborhood, based on Economic Incentives package offered by the city, they are agreeing that they will have a minimum of 50% as brick front and the remaining 50% shall be brick or stucco and all end units shall have brick or stucco sides. He stated they will end up with 100% either brick or stucco fronts. He further stated the conditions are the result of numerous meetings with the neighborhood. He further stated these conditions would not be in place with the commercial zoning that exists on the property. He stated he hoped the city would approve the zoning tonight. Councilman Scoggins asked if in the beginning of the discussions for the development, was it correct that they were going to have 25% of the buildings were going to have brick fronts. Mr. Grimsley stated that based on an Economic Incentives Package, they are agreeing on 50% brick fronts and the remaining 50% shall be brick or stucco; so 100% of the fronts of the buildings will be either brick or stucco. Mr. Scoggins asked if the neighborhood association (Lexington Trace) is aware of that. Mr. Grimsley stated he did not know if they were. Mayor Bacon stated the first meeting was continued until the correct zoning category was applied for as the first requested rezoning was for an apartment — twelve units to the acre zoning which now is RTD. He further stated it was continued another two weeks to allow time to meet with the builder, who at that time was Cantebury Homes, a division of Pulte. Mayor Bacon further stated last Thursday the city received a phone call from Cantebury saying they are no longer involved in the project at all. He then stated Cantebury will not be the builder and Pulte Homes will have nothing to do with this particular site. Mayor Bacon asked who would be doing the building and Mr. Grimsley stated they have talked with several builders but have not made a final decision. Mr. Grimsley stated Ashwood Properties would be the development company for the project and they might also build the project as they are in the building business. Mayor Bacon asked Mr. Grimsley if he understands that if the rezoning is approved this evening, whatever stipulations are placed on the zoning go with the property forever. Mr. Grimsley stated he understood that. Councilman Hawkins asked about the average selling price of the proposed homes. Mr. Grimsley stated they have not set a price but based on both the land price and what they are planning to do with the brick situation, they are probably going to be averaging into the low $130,000's. Councilwoman Capilouto asked about the driveways and parking area. She asked if there is going to be a driveway in front of the town house or is it just going to be a road with lined parking spaces. Mr. Grimsley responded it would be a road, a private road, with lined parking spaces off to the side. Ms. Capilouto asked about prohibited vehicles in the development. Mr. Grimsley stated they have not really thought about that but did have a stipulation prohibiting the parking of recreational vehicles, boats, trailers or disabled vehicles of September 15 1997 meeting - continued any type. Mr. Grimsley stated they have never developed a subdivision without a mandatory homeowners association or covenants, conditions or restrictions and they think it is absolute must to keep the quality in the community over the long run. Mayor Bacon asked if this is something that will be included in the covenants at the time the property is sold. Mr. Grimsley responded yes. Ms. Capilouto stated she felt it was very important to keep motorcycles out if at all possible. Mr. Grimsley stated he did not see a problem with that. Ms. Capilouto then asked about the homeowners association and if it was mandatory. Mr. Grimsley responded that was correct. Ms. Capilouto asked what the association would cover. Mr. Grimsley responded it will cover all the grounds and the actual outside of the units, any maintenance that has to be done with the siding in the rear and all the landscaping within the development. Ms. Capilouto asked if that includes the roofs as well and Mr. Grimsley responded it did. Councilman Lnenicka stated of the original stipulations presented, Stipulation 3 has been amended to reflect a minimum of 100% of the town homes shall have all brick or stucco (minimum 50% brick) fronts and building sides. Mr. Grimsley stated that was correct. Mr. Lnenicka expressed his appreciation to Mr. Grimsley for the use of the acorn -type streetlights. Mr. Lnenicka then asked Mr. Grimsley to consider one additional item. He then asked Mr. Grimsley if he could find a way to use some pavers at the entrance to dress up that entrance as he thought that would add to the development. Mr. Grimsley stated he would consider that and he is familiar with that application as they have used them before. Councilwoman Capilouto asked Mr. Giimsley'if the entrance and exit would be on Spring Road. Mr. Grimsley responded there would be an entrance and exit on Spring Road and Elmwood Drive. Mayor Bacon asked those persons in favor of the zoning to come forward and voice their opinions. Mayor Bacon recognized Dorothy Swanson, owner of the property next to the proposed development. Ms. Swanson stated she owns Glad Rags Cleaners and has one problem. She stated she was not invited to the meetings but has property along the entire side of the development and owns property on Elmwood and a townhouse across the street. She asked about the landscaping and how much of it might block the view of the shopping center at the entrance to the development. Ms. Swanson stated she would like to hear about the landscaping plans but is strongly enthused about the proposed development. Mr. Grimsley responded the final landscaping plan has not been developed but there will be site distance requirements with the City of Smyrna that will keep them from blocking the view up and down the road. He further stated that is also a safety issue and he does not think that will present a problem for the shopping center. Ms. Swanson stated she enthusiastically supports this development. Mayor Bacon recognized Thelma Slate. Ms. Slate stated her property is bigger than any of the others and that she is the oldest child of Luther Holcomb. She further stated they have had the property on the market since 1989 and everything they have come up with has been turned down. Ms. Slate asked what could be put on that property that will satisfy the majority of people. Mayor Bacon stated the city has had several proposals from different people who have been interested in that particular tract — mini -warehouses, furniture store, commercial developments. Mayor Bacon stated he believes this is the first time anyone has requested a residential type development for this site. Ms. Slate stated they have had a lot of problems with that property and she is in favor of this development. Mayor Bacon recognized Ally Cargile, 2966 Elmwood Drive. Ms. Cargile stated she supports the development. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road, who spoke in opposition to the proposed rezoning. Mr. Plunkett stated he was not really strongly opposed to the development in terms of what is currently on the property. He stated he did not think the developer addressed how this rezoning will benefit the City of Smyrna. Mr. Grimsley responded he feels that is a difficult issue to address. He stated the property is currently zoned commercial and could be developed under that zoning immediately. He stated he felt that a residential zoning would be more desirable than a commercial development. He stated the property tax base will increase for the city. Mayor Bacon recognized Ted Wilson, Lexington Trace resident. Mr. Wilson stated he is not really opposed to the development. He stated the residents of Lexington Trace, as a group, support the rezoning classification into the RTD zoning. He further stated that they would like to see the following standards established or accepted as a baseline standard for future development. He stated as a baseline standard for the new development, they would like to see 100% brick fronts on the buildings and a neutral color of siding that attends the rest of the building. He also stated the 1200 — 1700 square feet per unit is within keeping of a townhouse development. He further stated they felt 100 units would be crowded in the development and stated that perhaps 80 units would be better for the development and leave more room for green areas, etc. He further stated that generally speaking, all of the residents in Lexington Trace, welcome the development of September 15, 1997, meeting - continued the property within the confines. He further stated they would ask that the builders try to build something that everyone will be proud of and that will go into the future. He also asked the elected officials to exercise the vision necessary and insist on high standards for the future development of the community. Councilman Wood asked Mr. Wilson about the density of units in Lexington Trace. Mr. Wilson responded he was not sure. Councilman Scoggins stated the density is 9.35 units per acre. Mr. Wood asked if there were currently any leased or rented units in Lexington Trace and Mr. Wilson responded they did have some. Mr. Wood asked Mr. Wilson if he knew the percentage of units that might be rental or leased units. Mr. Wilson responded probably five percent; six or eight units might be rental or leased units. Councilman Scoggins thanked Mr. Wilson for working with the developers on this project. Mayor Bacon recognized Sandi Sands, Lexington Trace resident. Ms. Sands stated they have about ten or twelve rental units in the Lexington Trace development. Councilman Scoggins stated he felt it was important to note that the Planning and Zoning Board stipulated that no more than 10% of the units in the development should be rental property. Ms. Sands stated it is not that the residents of Lexington Trace are opposed to the re -zoning of the property and to build it as a residential community. She stated their concerns are that there are 100 units going on the property and the layout of the property in itself lends more toward looking like condominiums or apartments rather than fee -simple town homes. Councilman Scoggins asked Ms. Sands if she feels Ashwood Properties has tried to work with them as a group. Ms. Sands stated she feels like they have. Councilman Scoggins asked if the RTD Conditional zoning is approved for this property, how long will it remain with the property. City Attorney Camp replied it would remain with the property forever or until there is another zoning hearing brought before the city. Mayor Bacon asked what would happen if the property is not developed within a year. City Attorney Camp replied the zoning would then expire and revert to the original zoning (R-15 General Commercial). Mr. Wood asked if that means the developer must start or complete the project within one year. Mr. Camp replied they must start the development within one year. Sandi Sands asked about the method of garbage collection for the complex and Mr. Scoggins responded those units will have herby curby containers. Councilman Scoggins made a motion that the land use change from Low Density Residential to High Density Residential be approved. Councilman Hawkins seconded the motion. Councilman Newcomb stated it is clear that the developer has come a long way in the development of this plan. Councilman Newcomb stated he could not support the plan because of the density. Motion was approved 6-1 with Mr. Newcomb opposed. Councilman Scoggins made a motion that the property on Spring Road (10.37 acres) be rezoned from General Commercial and R-15, Single Family Residential to RM-12, Multi -Family for Town Homes (RTD Conditional) with the above listed stipulations be approved. Councilman Hawkins seconded the motion. Motion was approved 6-1 with Mr. Newcomb opposed. (B) Ordinance Amendment - Communications Towers in Light Industrial Zoning Category Mr. Smith stated this will be the second reading of this proposed ordinance amendment that was postponed from the September 2 meeting. He further stated it is an amendment to permit towers in light industrial areas. Councilman Wood stated there is an ordinance in the City of Smyrna that limits the installation of communication towers to the general commercial zoning. He further stated the intent of this proposed amendment to the zoning ordinance would allow radio, television, land mobile and other communication towers and antennas to be built in areas zoned for light industrial use. Mr. Wood stated in the City of Smyrna there are areas zoned light industrial and in some of these areas it would not be appropriate to locate communication towers. Mr. Wood made a motion that this proposed amendment to the zoning ordinance be referred back to the Community Development Committee to develop a special zoning category for communication towers and antennas to be submitted to the Mayor and Council for approval. Councilman Scoggins seconded the motion. Mayor Bacon stated this is a public hearing and asked if anyone was present to address this issue. Mayor Bacon recognized John Moore, representing Geron Communications. He stated they are the company that came to the city and asked for the ordinance amendment. He further stated he would like some clarification as to whether more input is needed or is a total ordinance being written. Councilman Wood responded his concerns have nothing to do with the particular application that is pending before the city at this time which is for a communications tower to be located in the Highlands Park Industrial September 15 1997 meetingY- continued area. Mr. Wood then stated the city has heard from the Highlands Park people in a positive way about that. He further stated this is not intended to have any impact on that. Councilman Wood stated several members of council have concerns that if this zoning amendment is approved and allow towers in light industrial, that once you grant that as a permitted use in light industrial then it is very difficult to control. Mr. Wood stated what the city wants is similar to what Cobb County and other governmental entities is to have an ordinance that deals with these types of towers regardless of what the land is currently zoned for because right now it's in general commercial. He further stated there are certainly areas in G.C. and areas where they would certainly not want to approve a tower in light industrial. He stated the city is having to do it this way since the city can not deal with a variance if it is an established ordinance. Mr. Wood stated according to the city attorney, they city can not just consider a single application as a variance. Mr. Wood stated he will ask the Community Development Committee, if this motion is approved, to move forward with it as rapidly as possible and will get it resolved. Mr. Wood responded the time frame should be quick and that he will ask that committee to put this item on their agenda for this month's meeting. Councilman Scoggins stated he and Robin Broyles, Community Development Department, discussed this issue this evening. Mr. Scoggins stated it will be approximately two weeks before they address this issue. Motion to refer this item to the Community Development Committee was approved 7-0. (C) Annexation of Property 1637 Gaylor Street, Land Lots 605 and 620, 17'" District, 2°d Section Mr. Smith stated Randall and Sam H. Jarvis have requested annexation of this property which will be combined with the larger tract at the corner of the East/West Connector and South Cobb Drive for development of a shopping center. He further stated this parcel was inadvertently omitted from the annexation of 1647 Gaylor Street which was approved earlier. Mayor Bacon stated this is a public hearing and asked if anyone was present to address this issue. There was no one present to address the issue. Councilman Lnenicka stated there were several parcels annexed and joined with another parcel at the intersection of the East/West Connector and South Cobb Drive on the northwest corner of that intersection. He stated this is the remaining parcel that is going to be combined together into a development. It simply was inadvertently left off the agenda in August when the other parcels were done. Councilman Lnenicka made a motion that the property in Land Lots 605 and 620, 17t' District, 2°d Section, Cobb County, located at 1637 Gaylor Street be annexed into the city and become a part of Ward 6. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Annexation of Property in Land Lots 603, 621 and 622 — South Cobb Drive at Cooper Lake Road Mr. Smith stated that Bruce M. Johnson, Managing Director of Regency Retail Partnership has requested annexation of the new CVS Pharmacy at the intersection of South Cobb Drive and cooper Lake Drive. Mr. Smith further stated this is a requested annexation from these folks. Mayor Bacon asked if there was anyone present who would like to address this issue. There was no one present. Councilman Lnenicka stated this a petition from the property owners, CVS Pharmacy, to annex their property into the city. Mr. Lnenicka noted for the record that CVS Pharmacy presented a check to the city's senior citizen program in the amount of $1,000 in July. Mr. Lnenicka stated the city has received some input from the County on this annexation. Councilman Lnenicka made a motion that the property in Land Lots 603, 621 and 622 on South Cobb Drive at Cooper Lake Road containing .89 acres — the CVS Pharmacy — be annexed into the city and become a part of Ward 6. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Variance Request — 3200 Atlanta Road — Reduce the Sign Setback Distance from 15 Feet to 4 Feet Mr. Smith stated the sign is, already virtually constructed and Mr. Wieland was not familiar with the city's regulations. Mr. Smith stated this request is from John Wieland for the Heritage at Vinings Subdivision and is being requested because he designed the sign in order to save a very beautiful large oak tree at the entrance to the subdivision. Mayor Bacon asked if any one was present representing John Wieland. There was no one present. Mayor Bacon asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Lnenicka stated this is for the Heritage at Vinings Subdivision on Atlanta Road. Mr. Lnenicka recognized Tony Day and Ricky Delaney, the builders of the subdivision. Mr. Lnenicka asked them to explain the situation with the sign and why they chose the location they selected. Mr. Day stated they had someone from the Agricultural Department come out and they were told if they disturbed the surface roots of the large oak it would destroy the tree. In order not to do this, they placed the sign back in the buffer zone. He stated they are not in the easement zone nor are they on the right of way. Mr. Smith stated the City Engineer has been out and determined there is not a safety issue associated with this sign location. Mr. Lnenicka stated both September 15. 1997 meeting - continued Robin Broyles and Ken Hildebrandt have looked at this from a safety standpoint to make sure that the movement of this sign did not create any safety hazard with site distance and both have confirmed that it is OK. Mr. Lnenicka stated he has also looked at it and made sure he could see both ways. Mr. Lnenicka stated it is an attractive sign and will look very nice at that location. Councilman Lnenicka made a motion to approve the variance request at 3200 Atlanta Road to reduce the sign setback distance from 15 feet to 4 feet. Councilman Wood seconded the motion. Motion was approved 7-0. (F) Variance Requests — Atlanta Road and Concord Road — Reduce the Building Setback Line from 50 Feet to 35.5 Feet and Reduce Required Parking from 56 Spaces to 46 Spaces Mr. Smith stated there are actually two variances involved in this issue and will be dealt with separately. He further stated the applicant is asking for the first one to reduce the setback on Concord Road from 50 feet to 35.5 feet and is planning to build a CVS Pharmacy and is assembling several sites here. He stated the applicant is also asking that the number of required parking spaces be reduced from 56 spaces to 46 spaces because of the particular site development issues he will be addressing on this site. Mayor Bacon stated this is a pubic hearing and asked if anyone was present in opposition to the granting of these variance requests. There was no opposition. Mayor Bacon recognized Steve Harper, the applicant. Councilman Hawkins asked Mr. Harper to briefly explain what he plans to build on this site and why the variances are necessary. Mr. Harper stated he is planning a 10,125 square foot pharmacy for CVS and are proposing to reduce the parking spaces from 56 spaces to 46 and also a setback on Concord Road from 50 feet to 35 feet which involves about 40 square feet of building space on Concord Road. Mr. Hawkins stated for the record that he, Howard Smith and Mr. Harper met and looked at the plans. Mr. Hawkins asked Mr. Harper if he was aware this property falls in the ADD2 District which is outside the ADD1 (downtown) District. Mr. Harper stated he was. Mr. Hawkins stated if this drugstore was being proposed in the ADD District he would not need either of these variances. Mr. Hawkins stated on the plans, one of the problems results from a drive-thru window which will exit onto Concord Road (right hand turn only). Mr. Harper stated that is correct. Mr. Hawkins stated that due to the square footage of the building, there simply will not be room for the required number of parking spaces. Mr. Hawkins asked Mr. Harper if he would be willing, on the drive-thru that comes out on Concord Road, to put in at the builder's expense a small sign that indicates "right turn only" so that no one could turn back left onto Concord Road. Mr. Harper stated he was agreeable to any issue that would increase any safety issue. Mr. Hawkins asked Mr. Harper if he understands he will have to submit a site plan to the city for approval that will show the outside fagade, landscaping, architectural design, signage, etc. Mr. Harper stated he understood that. Councilman Wood asked Mr. Harper how much acreage would be involved for the store and Mr. Harper responded about 1.2 acres. Mr. Wood asked Ken Hildebrandt what the right of way of Concord Road at that point. Mr. Hildebrandt stated it is approximately 80 feet. Mr. Wood then stated that if the building setback line is reduced to 35.5 feet, that is beyond the right of way line and the building should still be 50 or more feet from the street itself. Councilman Hawkins made a motion that the variance request at the corner of Atlanta Road and Concord Road (for the proposed CVS Pharmacy) to reduce the building setback line be reduced from 50 feet to 35.5 feet be approved subject to the site plan approval by the DDA and the Chief Building Official of the City of Smyrna. Councilman Scoggins seconded the motion. Motion was approved 7-0. Councilman Hawkins made a motion that the variance request at the corner of Atlanta Road and Concord Road (for the proposed CVS Pharmacy) to reduce the required number of parking spaces from 56 parking spaces to 46 parking spaces be approved with the same stipulations indicated above. Councilman Scoggins seconded the motion. Motion was approved 7-0. Mayor Bacon declared a five-minute recess and dismissed the department heads for the evening. FORMAL BUSINESS: (A) Ordinance Approval — Non-exclusive Franchises for Telecommunications Services within the City Mr. Smith stated this issue was tabled from a previous meeting. He further stated this ordinance is being proposed to allow for the granting of non-exclusive franchises for telecommunications services within the municipal boundaries within the City of Smyrna and to provide for the process under which said granting of franchises shall take place. Mr. Smith stated the ordinance provides the city a standardized procedure for the acceptance of telecommunications ordinances in the city and establishes a non-refundable application fee of $10,000 in the ordinance, establishes responsibilities of applicants under the ordinance, establishes the criteria for which the city will review the applications. He further stated this criteria will be used in determining the September 15. 1997. meetine - continued telecommunications service is consistent with the criteria the city has established and establishes the procedure for consideration of an application and the terms and conditions under which the franchise may exist. Mr. Smith further stated this was drafted in consultation with the Georgia Municipal Association, who is under contract with the City of Smyrna, to review and cooperate with the city on telecommunication services and with the city attorney and with the Telecommunications Committee. Councilman Hawkins stated this issue was tabled at the September 2, 1997, council meeting. Mr. Hawkins stated there had been one minor change made to the proposed ordinance that the Telecommunications Committee had not reviewed and he wanted them to have an opportunity to review it. He stated one word had been changed in the document on page 11 from "previously licensed" to "properly licensed." He further stated the committee reviewed the revised document. Mr. Hawkins stated the ordinance will be available for review in the office of the City Clerk. Councilman Hawkins made a motion that the ordinance governing non-exclusive franchises for telecommunications services within the municipal boundaries of the City of Smyrna be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Bid Opening (Bid 97038) — 1998 F-150 SWB/Regular Cab Truck for Community Development Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Beaudry Ford $15,832.90 Tidwell Ford $15,327.00 South Lake Ford $15,200.00 Councilman Scoggins made a motion that the bids be turned over to the Community Development Committee for their review with a recommendation brought back before council at the next meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Bid Opening (Bid 97036) — Playground Equipment for Tolleson Park Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Playground Environments No Bid Game Time $15,220 Atlanta Service Bison No Bid Little Tykes Commercial Play Systems $10,826 Councilman Scoggins made a motion that the bids be turned over to the Community Development Committee for their review with a recommendation brought back before council at the next meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Bid Opening (Bid 97039) — Demolition Work for City of Smyrna Mayor Bacon asked if there were any bids in the audience. There was one bid presented from the audience. The bids were opened and read as follows: Georgia Sicilian Enterprise $53,700 D. H. Griffin Wrecking Co., Inc. $72,800 Dickman Grading/Hauling, Inc. $77,500 Councilman Lnenicka made a motion that the bids be turned over to the Finance and Administration Committee for their review with a recommendation brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: September 15 1997 meeting - continued (A) Bid Award (Bid 97030) — Pavilion for Church Street Center Councilman Scoggins made a motion that this bid award be tabled until the October 6, 1997, council meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid 97032) — UD 1400-E Landscape Truck for Parks and Recreation Department Councilman Cramer made a motion the bid for theUD-1400-E landscape truck be awarded to the sole bidder, Fouts Brothers, UD, for a total delivered price of $30,925. Councilman Lnenicka seconded the motion. Motion was approved 6-0 with Councilman Scoggins abstaining. (C) Bid Award (Bid 97033) — Two Riding Mowers for Parks and Recreation Department Councilman Scoggins made a motion the bid for two riding mowers be,awarded to the low bidder meeting specs, Pressleys Agri -Supplies for a total delivered price of $15,055.40. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Bid Award (Bid 97034) — Soil Shredder for Parks and Recreation Department Councilman Scoggins made a motion to award to Sand Science, Inc., low bidder meeting specs for a total delivered price of $19,400. Councilman Cramer seconded the motion. City Administrator Howard Smith stated the Parks and Recreation Committee decided this bid amount was over the budgeted amount and that the bids should be rejected and the item re -bid. Councilman Cramer withdrew his second. Councilman Scoggins withdraw his motion. Councilman Scoggins made a motion to reject all bids received for the soil shredder and re -bid the item. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Bid Award (Bid 97035) — F-250 Truck for Parks and Recreation Department Councilman Scoggins made a motion the bid for a 1997 F-250 truck be awarded to the low bidder meeting specs, Chuck Clancey Ford, for a total delivered price of $15,922.75. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Bid Award (Bid 97037) — 40 Tables for Community Center Councilman Scoggins made a motion the bid for forty tables for the community center be awarded to Atlanta Office Equipment for a total delivered price of $6,712.20. Councilman Wood seconded the motion. Motion was approved 7-0. (G) Bid Award — 1997 Street Resurfacing Councilman Hawkins made a motion the bid for the 1997 street resurfacing be awarded to the low bidder, Butch Thompson for a total price of $160,381.20. Councilman Cramer seconded the motion. Motion was approved 7-0. (H) Bid Award (Bid 97031) — Digital Multi -channel Voice Logging Recorder for the 911/Communications Division of the Police Department Councilman Newcomb made a motion to award the bid for a digital multi -channel voice logging recorder for the 911/Communications Division to the low bidder, Seltronics Eyretel, Inc. for a total price of $29,328. Councilman Cramer seconded the motion. Motion was approved 7-0. (1) Bid Award (Bid 97029) — Service Truck for Public Works Department Councilman Hawkins made a motion the bid for a service truck be awarded to Wade Ford, the low bidder, for a total delivered price of $37,705. Councilman Lnenicka seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of September 2, 1997, Minutes (B) Approval to Use council Chambers — September 25, 1997, 7-9 p.m. for Ward 6 Meeting (C) Approval to Request Bids to Replace 1120 Feet of Water Main on Sharon Circle (D) Approval to Request Bids for Labor Associated with Installation for Brick Over Existing concession Structure at Ward Park (E) Approval to Request Bids for Labor and Materials Necessary to Strip and Paint All Exterior Columns September 15 1997 meeting- continued at Community Center (F) Approval to Request Bids for concrete Material and Labor Associated with Site Improvements where the Church Street Senior Pavilion is to Be Located (G) Approval to Request Bids for Labor and Material Necessary to Refurbish 6 Existing Tennis courts at Tolleson Park (H) Approval to Request Bids for Replacement Copier — Public Works Department (1) Approval to Request Bids to Extend the City of Smyrna Water System to the King Valley Road Tract Subdivision (J) Approval to Purchase an Existing County Water Main and Request Bids for the Extension of the Existing Water Main (Polo Club Subdivision) (K) Approval To Request Bids for a Portable Sewer Jet Machine (L) Approval to Request Bids for Replacement of 1400 Linear Feet of Water Main (Wayland Court and Frances Drive) (M) Approval to Request Bids for Yearly contract for Purchase of Water Meters (N) Approval to Install a Stop Sign on North Cooper Lake Road at Concord Road (0) Approval to Install Four Way Stop at Intersection of Ridgecrest Road and Sharon Circle (P) Approval to Install Two Speed Humps on Alpine Drive (Q) Approval to Close Traymore Trace (Austin Lake Subdivision) From 4 — 9 p.m. on September 20,1997, for Community Block Party (R)* Approval of Economic Development Incentive Package for Ashwood Properties on Spring Road (10.37 Acres) Councilman Hawkins made a motion to suspend the rules for the purpose of adding an item to the Consent Agenda. Councilman Scoggins seconded the motion. Motion was approved 7-0. Councilman Scoggins made a motion to add to the Consent Agenda Item (R)* Approval of Economic Development Incentives Package for Ashwood Properties (10.37 acres). Councilman Hawkins seconded the motion. Councilman Hawkins stated before the consent agenda is approved he would like to address Items (0) and (P) on the consent agenda. He further stated these items are at the request of the residents of those areas and petitions are on file in the office of the City Clerk. Councilman Wood stated Item (N) on the consent agenda is the direct result of requests from the residents in that area. Motion was approved 7-0. Councilman Lnenicka made a motion the Consent Agenda as revised be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto stated that Spring Road has been widened in front of Argyle School and there is now a left turn lane and left turn signal (going west on Spring Road) for that portion of the road. Councilman Cramer reported the City of Smyrna won a national award from Keep America Beautiful; the Beach Party held September 12 was very successful; jonquils will be here October 2 and 3. Councilman Lnenicka stated there is a meeting scheduled Thursday, September 25, at city hall at 7:30 p.m. for the purpose of discussing a proposed development on the 1.2 acres at Atlanta Road directly across from the intersection with Campbell Road. Councilman Lnenicka reminded everyone that the Marietta -Cobb Water Authority has told the city and has initiated action to pass through a rate increase on water of 2% and 4% on sewer effective January 1, 1998, and he expects this council to pass this increase on to the residents of the city. Councilman Lnenicka stated he had received a notice there will be a Cobb County D.O.T. Planning Meeting on Wednesday, October 8, at the Smyrna Community Center at 7:00 p.m. to provide information about existing conditions and forecast future needs. Mr. Smith stated the September 12 concert and beach party were fantastic and it was a great success. He stated the next event scheduled for the Village Green is the Fall Festival scheduled in early October. Mayor Bacon displayed a picture that was presented to the City from MUST Ministries on September 13 at their annual fund raising event. With no further business, the meeting adjourned at 10:28 p.m. September 15, 1997, meeting - continued "o A. MAX BACON, MAYOR MELINDA 15AX4FRON, CITY CLERK CHARLENE CAPILOUTO, WARD 1 e BILL SCOGGINS, WAA6 3 CHARLES PETE WOOD, WARD 7 ., A-j,,L RON NEWCOMB, WARD 2