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09-07-1999 Regular MeetingSeptember 7, 1999 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 Attorneys Chuck Camp and J. Al Cochran and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Larry Frazier representing Campbell High School PTSA. Mr. Frazier presented the Mayor and council with honorary PTSA membership cards. Mayor Bacon recognized Bill and Diane Kaplan who presented a donation to Councilman Cramer. They stated the donation is to be used for the Veterans Memorial the city is planning. Mayor Bacon and Councilman Cramer thanked Mr. and Mrs. Kaplan for their donation. PUBLIC HEARINGS: (A) Charter Amendment - Section 6(b) - Increase Salaries of Mayor and Council Members Mr. Smith stated this charter amendment has been advertised and is the second reading of the amendment. Mayor Bacon asked if there was any public comment. There was none. Councilman Lnenicka stated a charter amendment requires two public hearings and reading before the public and then a vote. Mr. Lnenicka stated this is the second meeting as it was heard at the August 20 council meeting and then read the proposed amendment. Mr. Lnenicka stated this proposal will raise the mayor and council salaries for the incoming elected officials by $75/month (mayor) and $50/month (council members) effective January 3, 2000. The salaries will increase by that amount each year for the term of office beginning January 2000 and ending December 2003. Councilman Lnenicka stated the salary of the Mayor will increase to $1,075/month and the salary of the council members shall increase to $825/month beginning in January 2000 and increase by $75/month and $50/month for each successive year through December 2003 respectively. Councilman Hawkins stated he supports the motion and thinks it is in order. Councilman Lnenicka stated this suggested charter amendment has been endorsed by the Finance and Administration Committee. Councilman Lnenicka made a motion to adopt the proposed charter amendment of Section 6(b) as read. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Variance Request - 1208 Ridgecrest Lane - Reduce Front Yard Setback from 25 Feet to 17 Feet Mr. Smith stated the applicant, David Kaley, is requesting the variance in order to build a larger porch on his home. Mr. Smith stated notifications to contiguous property owners is included in the application for the variance. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of the variance. There was no opposition. Councilwoman Capilouto asked Mr. Kaley to explain why the variance is being requested. Mr. Kaley stated he had to replace his water line and when he removed the porch to replace the line the roof sank and the porch had to be removed. Mr. Kaley stated he was taking this opportunity to add not only a porch but a roof to extend over it to cover part of his house and improve the overall value of his home. Mr. Kaley stated his next move would be to finish the cosmetics of the house. Ms. Capilouto asked Mr. Kaley if he had a roof over the previous porch and Mr. Kaley explained that he actually had a small stoop with a roof over it. Mr. Kaley further explained the original setback line is the front of his house and is on the 25-foot setback line and any porch he had would need an application for a variance. Ms. Capilouto stated after the variance signs were posted she received several phone calls from some of the nearby residents asking what the signs were about. Ms. Capilouto explained to them that Mr. Kaley wanted to make his porch bigger and that would require a larger roof. Ms. Capilouto stated some of the questions she was asked by the residents were if Mr. Kaley was planning to September 7, 1999 meeting - continued make repairs to the rest of the house as well. Mr. Kaley responded he did plan to make repairs to the rest of the house and is doing them one at a time but the porch is what he attacked first because it is a necessity. Ms. Capilouto asked Mr. Kaley when he thought he would be able to finish the porch. Mr. Kaley responded he planned to complete the work on the porch within a week to a week and a half after the variance is granted. Ms. Capilouto asked Mr. Kaley about the other work that needs to be done on the home and Mr. Kaley responded he is doing those one at a time. Ms. Capilouto asked Mr. Kaley if he will have the porch completed within a week to a week and a half then what about the rest of the house. Mr. Kaley asked about what items in particular. Ms. Capilouto stated there are a lot of rotten boards around the window sill on the side of the house and Mr. Kaley stated that is what he plans to do next - wrap the rest of the house and then paint it. Mr. Kaley stated he wanted to get the porch on and paint when he is done. Ms. Capilouto then asked Mr. Kaley that as soon as he completes this porch - replacing the porch and the roof - the next move will be to take care of the rest of the house and he indicated he will take care of those after the porch is completed. Councilwoman Capilouto made a motion that the variance of 1208 Ridgecrest Lane to reduce the front yard setback from 25 feet to 17 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Variance Request - 3595 Creatwood Trail - Reduce Side Yard Setback from 10 Feet to 3 Feet Mr. Smith stated the applicants, Edward and Kay Dehnad, are requesting the variance because of the remodeling to a porch at their property. Mr. Smith indicated they are remodeling the porch and adding a small porch and were already a few feet over the setback requirement and the notification to contiguous property owners is included in the variance application packet. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Lnenicka asked Mr. and Mrs. Dehnad to explain the variance request. Mr. Dehnad stated that previously the porch was seven feet from the property line and when they tore the porch down to add a deck to it, they discovered it would bring it to three feet. He further stated they are building a very nice porch in the backyard. Mr. Dehnad stated they have obtained approval from the next door neighbor - Mr. Terry - who said he has no objection as well as a letter from his other neighbor, Ms. Cuggy, who said she does not object either. Mr. Dehnad stated Building Inspector Fain Scott was very helpful to him during this process. Councilman Lnenicka made a motion that the variance request at 3595 Creatwood Trail to reduce the side yard setback from 10 feet to 3 feet be approved. Councilman Wood seconded the motion. Motion was approved 7-0. (D) Variance Request #1 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway and Hargrove - Relocate Existing "Doc's" Pole Sign Mayor Bacon stated Items D through H all involve the same property and will be addressed as one item but voted on separately. Mayor Bacon stated this is the property at the intersection of Cobb Parkway and Hargrove Road. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of these variance requests. Gerald K. Johnson, the applicant, Barbara Brenner and her attorney, Joel Larkin, came forward and were administered the oath by City Attorney Chuck Camp. Mr. Smith stated the applicant is requesting a variance to relocate the existing "Doc's" pole sign will be retained on the site but moved in order to permit a new entrance to the new retail center that will be developed. Councilwoman Capilouto asked Mr. Johnson to indicate the parcels he had purchased on the visual display. Mr. Johnson stated they have purchased and closed on the Kuppenheimer building, which is approximately 3.2 acres, in January and their intent was to work with their neighbors in the acquisition of some parcels and co -developing with others to take down some of the old signs and revitalize that as a key retail component located near Cumberland Mall and the new Cumberland loop. Mr. Johnson stated when they purchased the Kuppenheimer building they had numerous conversations with RTM Corporation, which is the Arby's building composed of 1.27 acres and that is currently under contract and also have under contract a .71 acre which is currently the Haveli Restaurant. Mr. Johnson stated their objective is to purchase September 7, 1999 meeting - continued !, those properties and through a development agreement with JJJ Enterprises, which is where Doc's is located, but stated that agreement has not been finalized but feels it is imminent, and their intent is to co -develop - Doc's will retain ownership of their property through reciprocal easement agreements, access agreements with Doc's so that they will remain independent and maintain their ownership. He stated with the balance of the property they intend to tear down the three buildings that are there, tear down the lollipop signs along Cobb Parkway (US 41) and give it a cleaner, more modern look; extensive topography work done to make it a single retail facility as opposed to the two or three levels that are there now. Ms. Capilouto asked Mr. Johnson if the existing Doc's pole sign is on his property and he responded it is not, it is on the Haveli property, which they have under contract, but the sign is under a sign easement through Doc's across the Haveli property. Mr. Johnson stated under their proposal they would relocate that sign and co -develop with Doc's and relocate the sign to one of the entrances on US 41. Mayor Bacon recognized Joel Larkin, attorney with Sams & Larkin, who stated he is representing Doc's. Mr. Larkin stated they could possibly be opposed but could also not be opposed to the proposal. Mr. Larkin stated they are currently negotiating an agreement for co - development of the properties but do not have an agreement at this time. He stated they have a vague, oral understanding of what the agreement will provide subject to the lawyers trying to document it. He stated they had hoped to have the agreement by tonight but do not. He stated as it currently stands, Doc's has an easement that goes through the building shown fronting on US 41 and without an agreement with Doc's, this agreement and this proposed development are not possible. He stated they do not want to delay the project if an agreement is reached but at the same time they do not want variances granted in the event the agreement falls apart. Mr. Larkin continued they would like to request that a public hearing be conducted tonight but that the council defer a decision until its next meeting - September 20. He stated hopefully by that point in time they will have finalized a development agreement. He continued by saying that if for some reason the agreement falls apart most of the buildings that are shown will be impossible and the contingencies they have on acquiring the other properties will kick in and he has been told they probably will not acquire those other properties. Mayor Bacon asked Mr. Larkin if his concern is just for Item (D) or all the variances. Mr. Larkin responded it is actually for all of them because if the co -development agreement does not go through, there will be some other type of development on the property and the variances may or may not be appropriate depending on what uses are proposed. Mayor Bacon asked Mr. Larkin if a co - development agreement could be reached, would his clients be supportive of the variances and he said they would. Councilman Hawkins asked Mr. Johnson if he agrees with Mr. Larkin's assessment of the situation. Mr. Johnson responded if they do not reach an agreement, the site plan presented this evening will not happen because there is an existing easement between Doc's, Haveli and Piedmont and in addition to that Doc's has a sign easement through Haveli's property to their existing sign. He further stated the building shown on the plan would not go where it is indicated if they do not reach an agreement but he is still going to develop the property in some form but it may not have the large 15,000-square foot building. Councilman Hawkins asked Mr. Johnson if he has a problem with the vote being deferred for two weeks. Mr. Johnson responded if it could be deferred for two weeks he did not have a problem but if it was deferred for a month that would be a problem. Mr. Johnson stated he is the authorized representatives for the two properties which he does not currently own at this time and has the full authority to speak for the Haveli property and the RTM property. Mr. Johnson stated the existing pole sign is located by a curb cut that will no longer exist if the property is developed and he is proposing the pole sign would be moved to one of two other curb cuts so it would be located at a curb cut where it would be visible. Councilman Newcomb asked Mr. Johnson to briefly discuss the other variances being requested. Mr. Johnson reviewed those requests and stated that the rear yard setback variance involves the property next to the Residence Inn by Marriott. He further stated they have proposed building a sidewalk connecting the two properties. He stated the sidewalk will be in the city's right of way but his company will pay for it. He stated the front yard setback involves the reduction from the Cobb Parkway setback from 100 feet to 70 feet. He explained this is due to the acquisition of right-of-way property by Cobb County and the State for the new Cumberland loop. Mr. Johnson stated the variance to increase the signage is based on the City of Smyrna's regulations that allows them to put a 200 square foot sign on US 41 but due to the fact that that will be a median along US 41 (north to south) the request is basically because the only way to get patrons into the center is to have them turn left (northbound on US 41) and come through the property through the light that is currently in front of Doc's. He stated the request for that is to make sure people see them before they pass the development and the request is to increase the sign square footage from 200 square feet to 300 square feet. He stated they plan to build a modern, monument -style sign and will take down the lollipop style signs for Haveli, Kuppenheimer's and Arby's. Mr. Johnson said the rear and side yard setback is along the common property line between Steak September 7, 1999 meeting - continued and Shake, Service Merchandise and the Marriott because of the tight site. He stated they meet all the parking requirements, landscaping requirements but since it comes together there, it forces them in there. He stated they have the support of Steak and Shake and Marriott and the topography relevant to the Service Merchandise location - they are busy and he could not get a letter from them either for or against the proposal. He continued that the juxtaposition between their finished floor and his proposed finished floor is about 70 feet. Councilman Wood asked Mr. Johnson if his purchase of RTM and Haveli property is contingent upon approval of variances on the property. Mr. Johnson stated the terms of his contract are pretty open and he can terminate those contracts for whatever reason. Mr. Johnson stated it is his hope that they get the variances and the co -development agreement worked out - but one of the parcels regardless of the variances or the development agreement he will in fact purchase. Councilman Wood asked Mr. Larkin if he would say there is a general agreement but he has not seen the language. Mr. Larkin responded that was correct and further stated the Brenners and Doc's very much want to see the property redeveloped this way. Mayor Bacon stated with the exception of Item D - relocation of the sign - these variances are all pretty much common variances the city deals with every time there is a redevelopment of an existing shopping center. Councilwoman Capilouto made a motion that items (D), (E), (F), (G) and (H) pertaining to the property at 2670 Cobb Parkway and Hargrove be tabled to the September 20, 1999 council meeting. Councilman Newcomb seconded the motion. Motion was approved 7-0. (E) Variance Request #2 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway and Hargrove - Allow an Access Drive in a Rear Yard Setback See narrative above. Item tabled to September 20, 1999, council meeting. (F) Variance Request #3 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway and Hargrove See narrative above. Item tabled to September 20, 1999, council meeting. (G) Variance Request #4 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway and Hargrove - Increase Proposed Free Standing Monument Sign from 200 Square Feet to 300 Square Feet See narrative above. Item tabled to September 20, 1999, council meeting. (H) Variance Request #5 - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway and Hargrove - Reduce Rear and Side Setback from 50 Feet to 25 Feet See narrative above. Item tabled to September 20, 1999, council meeting. (I) Variance Request - Lot 8 - 3086 Old Cabin Lane - Reduce Front Yard Setback from 15 Feet to 10 Feet Mr. Smith stated the applicant, Thomas J. Sweet representing Old Cabin, Inc., is requesting this variance to move the house five feet forward and reduce the front yard setback from 15 feet to 10 feet because of easements on the property. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Newcomb stated this development is on the old Aunt Fanny's Cabin property on Campbell Road and is called Old Cabin Trace and has twenty-eight houses. Mr. Newcomb stated the house does not fit on the lot and asked Mr. Sweet to explain why the variance is being requested and what they have planned for the property. Mr. Sweet stated the lot has a detention pond on the rear and a storm and sanitary sewer easement on the left side. He stated when the site was first engineered he thought they could fit a house on the lot but with an 1800- square foot minimum home it might take a one -car garage home to do that. He stated all the other homes thus far have been two -car garage homes. He stated in order to keep the house comparable with a two -car garage, they were eliminating one room - a second eating area - by having one large eating area and a breakfast bar in the kitchen and this will give a first floor square footage of about 1,031 heated space with a two -car garage; upstairs would have around 1247 square footage for a total of 2,278 square footage. He continued that the average square footage of the homes in the development have been around 2,600 square feet. Mr. Sweet stated they want to move the house forward five feet and will not encroach on the 15-foot side yard September 7, 1999 meeting - continued setback. Mr. Sweet pointed out the detention pond on the display and stated there is a poured wall on the rear side of that and on the left side - running north and south - is the sanitary and storm drain easement. Mr. Newcomb asked about the distance of the house from the curb. Mr. Sweet responded the City of Smyrna's specs on a road are 24-feet wide, they find it is easier on the residents to have a 28-foot wide street. He stated they do a 28-foot wide street from the back of the curb to back of curb and that does not affect the radius in the cul-de-sac as that is still a 50-foot radius - 40-foot back of curb. He stated the setback is then 10-feet from the back of curb to the edge of right-of-way and then there would be an additional 10 feet to the start of the house. He stated that still provides adequate parking on the driveway even though the garages will be staggered. Councilwoman Capilouto asked about the price range of this house compared to the others in the development and Mr. Sweet responded this will be a brick home with a price of $265,500. Mr. Sweet stated the detention pond is on Lot 8 with a small portion of it being on Lot 9. He stated the detention pond maintenance will be the responsibility of the property owner of Lot 8. Mr. Sweet stated they plan to landscape the pond not with shrubbery but with grass so the person who purchases Lot 8 can just go down there and cut it just like a yard. He further indicated the back of Lot 8 will have a fence that will go on the upper side of the wall in the back of the yard to just create some privacy. Councilman Lnenicka asked Mr. Sweet if there will be any common easement for the homeowners association to maintain the detention pond or will it be the sole responsibility of the Lot 8 homeowner. Mr. Sweet responded it will be the full responsibility of the Lot 8 homeowner as they plan to grass it in such a way that the owner would just take a mower down to cut it. Philip Casper and Christine Vandall came forward and were administered the oath. Ms. Vandall stated they will be closing on Lot 9 on next Wednesday. She stated they had concerns about the detention pond which have been addressed to her satisfaction. Councilman Newcomb made a motion that the variance request on Lot 8 - 3086 Old Cabin Lane to reduce the front yard setback from 15 feet to 10 feet be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (J) Variance Request - 2730 Gilbert Street - Reduce Front Yard Setback from 40 Feet to 13 Feet Mr. Smith stated the applicant, John L. Lampp, is requesting the variance in order to construct an attached two -car garage on his home. Mr. Smith stated that his home is bordered on three sides by streets and in order to build a garage in his back yard he needs to reduce the setback from 40 feet to 13 feet. Mr. Smith stated the variance packet contains notification to contiguous property owners. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Scoggins stated he believes the house at 2730 Gilbert Street is actually the oldest house in the City of Smyrna. Mr. Lampp stated he thought it was built in 1884 and belonged to Maizie Nelson and in her history of Smyrna she refers to the house and mentions it was deeded back to 1884. Mr. Scoggins stated the neighbors have all indicated they have no objection to the granting of this variance request. Councilman Scoggins made a motion that the variance request at 2730 Gilbert Street to reduce the front yard setback from 40 feet to 13 feet be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment of Downtown Development Authority Members Mr. Smith stated this is the reappointment of some members of the DDA and new appointment of two members. Councilman Lnenicka stated the terms of the DDA members will be retroactive to April 1, 1999, and will expire April, 2000. Mr. Lnenicka stated the DDA is chaired by Mayor Bacon and has seven members. He continued that two of the members have now moved out of the city and expressed the city's appreciation to Jimmy Wilson and Steve Shupert for their years of service. Councilman Lnenicka made a motion the following members be appointed to serve on the DDA for the term April, 1999, to April, 2000: Chairman - Mayor A. Max Bacon, members as September 7, 1999 meeting - continued follows: Hubert Black, C. J. Fouts, Jim Pitts, Willouise Spivey, Doug Stoner, Eric Cash and Larry Freeman. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Approval of Change Order #02 - Matriarch Construction ($10,500) - Cobb Center Park Mr. Smith stated this is being recommended by the park designer, City Engineer and the Parks staff to remove some unsuitable materials on that site that Matriarch uncovered in the excavation and the grading on that site. Councilman Scoggins stated the work has been done and moved that Change Order #02 - Matriarch Construction - in the amount of $10,500 be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Validate Petition to Annex Property - Cooper Lake Road (4.215 Acres) - Land Lots 319 & 392, 17' District, 2' Section, Cobb County, Georgia Mr. Smith stated Mr. Walter Price has applied for annexation of 4.215 acres on Cooper Lake Road located in Land Lots 319 and 392. He then stated an application is also pending for this site to change the zoning from R20 to R15 for construction of single family homes. Councilman Wood stated this property abuts property previously acquired by Mr. Russell Barnett and will become part of that same development. Councilman Wood made a motion to validate the petition to annex the below described property and set a public hearing date of October 4, 1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0. All that tract or parcel of land lying and being in Land Lots 319 and 392 of the 17' District, 2' Section, Cobb County, Georgia, containing 4.215 acres as per survey by Douglas D. Middleton, Land Surveyor, dated August 10, 1977, specific reference is hereby made to said survey for a more complete description, and being more particularly described as follows: BEGINNING at a 1/ inch iron pin on the southeasterly right-of-way of Cooper Lake Road, said road having right-of-way width of 50 feet, said iron pin being 522.15 feet southwesterly, as measured along said right-of-way, from a point where the north line of Land Lot 329 intersects said right-of-way; thence north 89 degrees 50 minutes east, 587.95 feet along the south boundary of the Violet L. Holcomb property to a 1/4 inch iron pin in Land Lot 392 on the west boundary of the Ralph Marler property; thence south 5 degrees 04 minutes west, 339.93 feet to a 1/ iron pin on the line dividing Land Lots 329 and 392; thence north 77 degrees 50 minutes west, 788.59 feet along the north boundary of the property now or formerly owned by Ralph Marler to a 1/ inch iron pin on the southeasterly right-of-way of Cooper Lake Road; thence north 48 degrees 03 minutes east 73.79 feet along said right-of-way to a point; thence north 52 degrees 22 minutes east 108.47 feet to a point; thence north 52 degrees 36 minutes east 90.83 feet to the POINT OF BEGINNING. (D) Validate Petition to Annex Property - Cooper Lake Road (West of King Valley Drive 30.27 Acres) - Land Lots 405 and 460, 17' District, 2' Section, Cobb County, Georgia Mr. Smith stated Eric and Holli Cash have applied for annexation of 30.27 acres in Land Lots 405 and 460 to develop a 17-single family home subdivision and no zoning change will be required on this particular site. Councilman Wood stated this is another fine development and the City of Smyrna is delighted to have the application for annexation and look forward to having this property in the city. Councilman Wood made a motion to validate the petition for annexation for the below described property on Cooper Lake Road and set a public hearing date for October 4, 1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0. All that tract or parcel of land lying and being in Land Lot 460 of the 17' District, 2' Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the north side of Cooper Lake Road 250 feet west from the northwest corner of Cooper Lake Road and Gann Road; running thence in a northerly direction at an interior angle of 88 degrees 24 minutes with the said Cooper Lake Road a distance of 520 feet to an iron pin; running thence in a westerly direction at an interior angle of 93 degrees 35 September 7, 1999 meeting - continued minutes with the previous call a distance of 570 feet to an iron pin; running thence in a southwesterly direction 269 feet to an iron pin; running thence in a southeasterly direction at an interior angle of 101 degrees 39 minutes with the last mentioned call a distance of 410.5 feet to an iron pin on the north side of Cooper Lake Road; running thence in an easterly direction along the north side of Cooper Lake Road a distance of 563.7 feet to the point of beginning. Together with: Tract Two: All that tract or parcel of land lying and being in Land Lots 405 and 460, 17' District, 2' Section, Cobb County, Georgia and being more particularly described as follows: To find the point of beginning of the tract herein described, commence at the northeast corner of said Land Lot 405, which is the common corner to Land Lots 405, 406, 459, and 460 of said District and Section, and running thence south along the Land Lot line dividing Land Lots 405 and 460, 66 feet, and thence west, parallel to the north line of Land Lot 405, 193 feet to a point, which is the point of beginning of the tract herein described; from the point of beginning thus established, run thence west along the north line of Land Lot 405, 734 feet to an iron pin; thence south 845 feet to an iron pin on the northeasterly right of way line of the Seaboard Air Line Railroad; thence southeasterly along the northeasterly right of way line of said Railroad, 520 feet to its intersection with the South line of said Land Lot 405; thence east along the south line of said Land Lot, and crossing a branch, 58 feet to an iron pin on the northerly side of Cooper Lake Road; thence northeasterly and easterly, and following the curvature of Cooper Lake Road; along the north boundary line thereof, 948 feet to an iron pin on the north side of said Road; thence North 34 degrees 05 minutes West, 986 feet to the point of beginning, as shown on a plat survey of this property made by J. P. Phillips, Surveyor, on April 21, 1954, which is on file in the Office of the Atlanta Title Company. COMMERCIAL BUILDING PERMITS: (A) Building Permit - Benning Construction Company - 4480 South Cobb Drive - Construction of a 93,000 Square Foot Retail Grocery Store (Publix) Councilman Lnenicka stated this is the property at the corner of South Cobb Drive and the East/West Connector on the northwest corner of that intersection. Mr. Lnenicka stated this will be a very nice, upscale, modern Publix grocery store and the cost of the building permit is $30,000 and the estimated cost of construction will be $6,000,000. Councilman Lnenicka made a motion to approve the building permit for Benning Construction Company at 4480 South Cobb Drive for the construction of a 93,000 Square Foot Retail Grocery Store (Publix). Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Building Permit - RACO General Contractors - 5400 United Drive Building - Construction of a 33,600 Square Foot Tenant Finish for CVS Pharmacy Corporation Offices Councilman Wood stated this is another development in the Highlands Park area and RACO General Contractors is requesting the permit for the construction of a 33,600 square foot tenant finish for the CVS Pharmacy and moved approval of the permit. Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: ° (A) Bid Award (Bid #99025) - Tables and Benches - Parks and Recreation Department Councilman Scoggins stated four vendors responded to the request for bids and the low bidder meeting specifications was Starling Recreation in the amount of $6,017 and moved acceptance of that bid. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid #99026) - John Deere F-932 Commercial Front Mowers - Parks and Recreation Department Councilman Scoggins stated six bids were received for three F932 commercial front mowers and J. L. Dowda Farm Equipment of Douglasville was the low bidder. Councilman Scoggins September 7, 1999 meeting - continued made a motion the bid be awarded to J. L. Dowda Farm Equipment for a total cost of $34,800. Councilman Cramer seconded the motion. Approved 7-0. (C) Bid Award - Spring Road Median Landscaping Councilman Hawkins stated bids were solicited for the Spring Road median landscaping and the low bidder meeting specifications was North Georgia Land Services for $93,949.50. He stated the Public Works Committee recommends the bid be awarded to North Georgia Land Services for $93,949.50. Councilman Hawkins stated this money is part of the 1 % Cobb County D.O.T. road tax so the county is funding that portion of it. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of August 16, 1999, Minutes (B) Approval to Accept Use of Electric Ford Ranger Truck from Georgia Power Company (C) Approval to Declare Surplus Items for September 11, 1999, Cobb County Annual Auction (D) Approval to Request Bids for Pickup Truck for Utility Services Division (Finance Department) (E) Approval to Install "No Parking" Signs on Falling Water Drive (F) Approval to Use Council Chambers - Thursday, September 9, 1999 - 7 - 9 p.m. (Ward 5 Meeting) (G) Approval of CDBG Fund Transfer - From Aquatic Center Project to Senior Pavilion Project (H) Approval to Purchase a Konica 7033 Digital Copier - GSA Contract - Community Development Department (I) Approval to Transfer Contingency Funds - (Plant Material at City Hall; Bank of Lights at Campbell Middle School Baseball Field) - Parks and Recreation Department (J) Approval to Request Bids - Lease of 30 Heavy-duty Lap Top Computers - Police Department (K) Approval of Sewer Line Installation to Austin Drive Councilman Wood made a motion to approve the consent agenda. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto stated the approval to install "No Parking" signs on Falling Water Drive is the result of phone calls from her constituents asking for the signs. She encouraged everyone who lives in the subdivision to respect their neighbors and have their company park in driveways instead of on the street. Ms. Capilouto stated the approval of the sewer line installation to Austin Drive is being done before the sewer line installation on Bell Drive due to the somewhat emergency situation existing on Austin Drive for them to have water and sewer lines installed. Ms. Capilouto stated she has been assured by the City Engineer, Councilman Wood and the Public Works Director that the delay for the Bell Drive installation will only be a couple of weeks - weather permitting. Councilman Newcomb stated the approval of the request to bid for 30 heavy-duty lap top computers for the police department will allow the officers to enter data directly into the lap top while they are out doing their report and download it to a disk and take it into the station. Councilman Newcomb stated the bid award for the Spring Road median landscaping affects all three wards on Spring Road and everyone is looking forward to getting the median further landscaped. Councilman Scoggins announced the City of Smyrna and Emory Adventist Hospital will host a Senior Health and Wellness Fair on Friday, September 17, from 9:00 a.m. to 1:00 at the hospital on South Cobb Drive. He encouraged all interested parties to contact Patty Bacon for additional information. Councilman Scoggins announced the second annual "Taste of Smyrna" event will be this Saturday, September 11, from 4 - 10 p.m. Councilman Hawkins had nothing to report this evening but invited everyone to attend the "Taste of Smyrna" event this weekend. September 7, 1999 meeting - continued Councilman Cramer thanked Bill and Diane Kaplan for their donation to the Veterans Memorial Association. He stated the Association is moving forward with the 20' century veterans war memorial and announced the next meeting is Thursday, September 9, at 7:00 p.m. at the Smyrna Library and again on September 23. He further stated he hoped a conceptual drawing will be brought back and approved soon. Councilman Cramer announced there will be a Ward 5 meeting this Thursday, September 9, at 7:00 p.m. in the City Hall council chamber. Councilman Lnenicka reminded the citizens of the water use advisory that is still in effect from 4 — 10 p.m. seven days a week banning all outdoor watering. Councilman Lnenicka recognized Marla Shupert, a Ward 6 resident, who played in the Cobb County Invitational Slow -Pitch tournament. Mr. Lnenicka stated Ms. Shupert was selected as the Tournament's Most Valuable Player. Councilman Lnenicka announced that on Thursday, September 16, the City of Smyrna will host a visit from the Friendship Force consisting of 15 delegates from Russia. Councilman Wood had no report this evening but stated he looks forward to seeing a great crowd Saturday night at the "Taste of Smyrna" event. ADJOURNMENT With no further business, the meeting adjourned at 9:10 p.m. A. MAX BACON, MAYOR DA DAMERON; CITY CLERK h ILAA Cc, r)*JD D�,a—�, IJL"-- ,ENE CAPILdt TO, WARD 1 RON NEWCOMB, WARD 2 .c-e� ,V*,a BILL SCOGGINS, WW 3 G� CHARLES PE E WOOD, WARD 7 J For f! _J � 0�_�