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February 7, 2000 Council Meeting February 7, 2000 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 except Charlene Capilouto who was absent due to illness. Also present were City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Al Cochran, and members of the press. -- Invocation was given by Reverend Chuck Moon of Tillman United Methodist Church, followed by the pledge to the flag. Mayor Bacon recognized School Board Representative, Curt Johnson who introduced Ms. Karen Wood, Counselor of Belmont Hills Elementary and Sonia Gasiza, Ryan Keesee, Theresa Ramirez, Suzie Caglar, Johanny Gallegos, students of Belmont Hills Elementary. Ms. Wood indicated the students would be discussing the Character Words of the Month for February. Mayor Bacon thanked the children and presented each student with a gift bag. Mayor Bacon recognized Mr. Jim Brown of Charter Cable who presented the City with the check for the franchise fee for Charter Cable. Mr. Brown stated that the ice storm caused over 1,000 cable outages and Charter is continuing to correct the small problems. Mayor Bacon asked Councilman Scoggins to read a proclamation in honor of Arbor Day. The proclamation was read. CITIZENS INPUT: .. Mayor Bacon recognized Diane and Bill Kaplan who stated that they had sent a letter discussing problems with Glendale Apartments and would like to know the City's response. Mayor Bacon stated that the letter was given to the City's Attorneys. Mr. Al Cochran stated that many of the complaints are private matters and that the City does not have the authority to interfere. Mr. Kaplan stated that he and his neighbors were forced to pave their front yards for parking and would like the City to uniformly enforce the City Codes. Mrs. Kaplan stated that the dumpsters are on her property and leaking hazardous materials. Councilman Hawkins stated that the City will send the City Marshall to investigate the problems. Mr. Smith stated that the City could not enforce an Ordinance on a pre-existing condition. Mayor Bacon stated that he would send Marshall Peace and Department Head, Robin Broyles to the area to investigate. Mrs. Kaplan thanked the Mayor for the time. PUBLIC HEARINGS: (A) Request to rezone .75 acres on Atlanta Road from Light Industrial to General Commercial. Mr. Smith stated that the applicant requests the rezoning of this property for the purpose of building a drive-thru neighborhood market. Mr. John Moore represents the applicant and is present. Mr. Smith stated that the Zoning Board has approved the rezoning 6-0 with stipulations on January 24, 2000. Mayor Bacon stated that this is a public hearing and asked if there was any opposition to this rezoning request. There was no opposition. .... Councilman Lnenicka asked Mr. Moore to explain the request. Mr. Moore explained that the property is currently zoned light industrial and presented the site plan to Council. Mr. Moore introduced Ms. Ruth Lillie who is the representative of Molly's and Mr. Lee Hord of Retail Acquisitions in order to answer specific questions regarding the operation and development of the property. Mr. Moore stated that the stipulation letter had been submitted to the zoning commission on January 24, 2000 and supplied information to each Council Member that described the zoning request. On the visual display, Mr. Moore discussed the areas surrounding the property site. Mr. Moore stated that the applicant is proposing a drive-in market; an updated version of the old Golden Gallon Milk Jug with grocery type items. Mr. Moore agreed to abide by the Overlay Plan for Atlanta Road in every requirement. Mr. Moore stated that there is a twenty-five foot easement that is held by the adjoining property owner, the automotive company, and the applicant will use its best efforts to contact the owners of that 2 February 7, 2000 property in order to enter into a discussion about changing the location of the easement. Mr. Moore stated that although he has attempted to contact the property owner several times, he has been unsuccessful. Mr. Moore displayed the landscape drawing with the current easement location and said that the applicant believes that they have over-landscaped everywhere in case the easement cannot be moved. Mr. Moore presented the items that the applicant intends to use in their landscape plan (adopted by reference-copy attached to minutes) and agreed to abide by the specifications. Mr. Moore stated that the building would be built in accordance to the side elevation drawing with the specified building materials such as brick. Mr. Moore agrees to the following stipulations: 1. The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulations and conditions, in whatsoever form, which are currently in place on the subject property. 2. Rezoning of the subject property shall be from the Light Industrial ("LI") zoning category to the General Commercial ("GC") zoning category with reference to that certain conceptual site plan prepared for Retail Acquisitions, LLC by Lowe & Associates, Inc. dated December 27,1999, upon the total acreage of 0.75 acres. 3. Applicant agrees to comply with Section 717 of the Zoning Ordinance of the City of Smyrna entitled "Corridor Design Standards," also known as the Overlay Plan. 4. Applicant agrees that the building be constructed on the subject site shall substantially conform to that certain side elevation rendering presented at the hearing before the Planning and Zoning Commission this date as to style and building materials. 5. Applicant agrees to landscaping substantially as shown and reflected on the colored site plan presented at the hearing before the Planning and Zoning commission this date; excepting only, the involvement of that certain twenty-five (25) foot ingress/egress easement located on the westerly side of the property. Further, Applicant agrees to submit a full landscaping plan in conformance therewith to the City of Smyrna zoning staff for approval prior to permitting; excepting only the twenty-five (25) foot ingress/egress easement referenced above. Applicant agrees to use its best efforts to re-locate the easement and to landscape said easement as shown and reflected on the referenced site plan. 6. Entrance signage for the proposed development shall be ground based, monument style signage. 7. Environmentally sensitive, shoebox type, recessed lighting shall be utilized within the proposed development. Light bulbs shall be recessed within the fixtures and shall not extend below the fixtures. 8. Hooded security lighting, attached to the structure, shall be utilized for the proposed development. 9. Applicant agrees, at its sole cost, to provide additional signalization at the entrance to the proposed development so as to make the signal a four-way signal conditioned only upon approval by the appropriate governing authorities therefor. Mr. Moore stated that the zoning commission added more stipulations that were not in his earlier letter. Mr. Moore agreed to over-detain water on the site in addition to what the ordinance requires and the design can accommodate a ten to twenty percent over detainage on this site. Mr. Moore stated that the planning commission added a statement that the applicant would be prohibited from the selling of any alcoholic beverage on this site. Mr. Lnenicka stated that the applicant was very close to Campbell Middle School, and Mayor Bacon stated that he does not know if the zoning commission can make this recommendation. Mr. Moore stated that there was a law in place dealing with the distance requirements of the sale of alcohol, and the applicant does not meet the requirement to sell alcoholic beverages. Mr. Moore stated that he does not want a stipulation added to a zoning that goes on forever in the event that something could change such as the school moving or closing. Councilman Wood questioned if the colors of the building complied with the colors of the Corridor District, and Mr. Moore said the building would meet all requirements. Mayor Bacon asked if the property could be developed as a whole unit, and Mr. Moore stated the applicants do not own the whole strip of land. Mayor Bacon asked about the type of products that the applicant intends to offer, and Mr. Moore stated that it would be very similar to a convenience store. Councilman Lnenicka questioned Mr. Moore on the applicant's policy regarding tobacco products, and Mr. Moore answered that a picture J.D. would be required. Councilman Wood asked if anyone could come into the store to purchase products, and Mr. Moore said the only way to purchase products is through the drive thru and to walk up. Councilman Wood asked for the dimensions on the building, and Mr. Moore stated that it was 14' X 54'. Councilman Wood also asked about the hours of operation, and Ms. Lillie answered 5:00 a.m. to 11 :00 p.m. Mayor Bacon -- ...., WIII/J 3 February 7, 2000 - questioned if this would be a modular building, and Ms. Lillie verified that it was. Ms. Lillie stated that this is one of the first retail stores of its type. Councilman Lnenicka asked if the operation hours could be restricted so as not to bother the neighbors. Ms. Lillie stated that she wants to operate during the main rush hours and would adjust the hours accordingly. Councilman Lnenicka stated that he didn't want customers pulling up and honking their horns at 6:00 a.m. and Ms. Lillie stated that they would do everything possible to prevent this from happening. Councilman Lnenicka suggested 7:00 a.m. to 10:00 a.m. Ms. Lillie stated that although she is not the only decision-maker for Molly's, she was sure the idea would be considered because the applicant does not want to negatively affect the neighborhood. Councilman Lnenicka described the physical layout of the property and the surrounding properties. Councilman Lnenicka stated that there were several driveway access easement locations for the three property owners in the rear and expressed his concern that the heavy machinery would have difficulty making the turns in the driveway that the applicant proposes. Mr. Moore stated that it was not a turn but more of a slant so there should not be a problem. Councilman Lnenicka stated that he has an earlier drawing that has a right angle turn and does not believe that the heavy earth moving equipment will be able to maneuver the turn. Mr. Moore answered that the plan in question is in the circumstance of having the easement removed or relocated and the primary owner of the easement is the property to the side not the rear property owners. Mr. Hord stated that the easement on the west side serves the property owners in the rear and the applicant's goal is to shift the easement off of his property where it could be an interpartial buffer for the property owners in the rear. Mr. Hord stated that he has been attempting to work with the adjoining property owner with no success. Councilman Lnenicka questioned what was on the easement and Mr. Moore said that they would pave the easement if the request were approved. Councilman Lnenicka discussed the above nine stipulations, and Mr. Moore stated that the applicant agrees to each of them. Councilman Lnenicka stated that the planning commission added additional stipulations, and the first called for the incorporation of stipulations 1 through 9 listed above. The second stipulation discussed alcohol and beverages and under the advice of the City of Smyrna's attorney, the Council decided that zoning can not replace the alcoholic beverage ordinance. Councilman Lnenicka stated that he wanted to reinforce that the applicant could not sell alcoholic beverage under the current alcoholic beverage ordinance. The third stipulation is that all utilities must be under ground and Mr. Moore agreed. Councilman Lnenicka asked Mr. Moore to explain why the applicant needed General Commercial ("GC") instead of Neighborhood Shopping ("NS") and Mr. Moore replied that "NS" prohibits drive-through restaurants. Mr. Moore said that he felt the safest category for zoning would be "GC". Councilman Lnenicka asked Mr. Cochran if "NS" would apply and Mr. Cochran answered that he has not researched the matter so he could not be sure. Councilman Lnenicka suggested that the Council approve the request as "NS" with the stipulation that if for some reason "NS" would not suffice then "GC" is approved. Mr. Moore agreed to request "NS" with the condition upon receipt of the City Attorney that this request may be zoned as "NS". Councilman Lnenicka asked Mr. Moore if the specific site plan could be made conditional and Mr. Moore answered that both site plans could. Councilman Lnenicka asked that the retention ponds could be constructed to hold 110-120 % of normal capacity so that to further reduce storm run off and have adequate landscape provided to make the pond area unobtrusive. Councilmen Lnenicka stipulated that landscaping utilize the city flower, the Jonquil; the applicant install a strip of brick or concrete pavers across the front of the drive; the lighting be installed so as not to shine directly into homes; and the building will be brick and stucco. After a lengthy discussion, the hours of operation were agreed as 6:00 a.m. until 10:00 p.m. Monday through Friday; Saturday hours will be 6:30 a.m. until 11 :00 p.m.; and Sunday 6:30 a.m. until 10:00 p.m. Mayor Bacon stated that this proposal would be much better than what is presently on the property. Mayor Bacon stated that he feels that this project will improve the property value, and he does not want to place so many stipulations that it hinders their business. Councilman Newcomb asked what is on the property at the present time and Mr. Moore stated that the property is now vacant. Councilman Newcomb asked what is currently on the left, and Mr. Moore replied an automobile repair shop. Councilman Newcomb asked if this is an existing parcel and Councilman Lnenicka stated that it is and will not require any new curb cuts. Councilman Newcomb asked Mr. Moore to explain why this property should be Light Industrial instead of Residential. Mr. Moore explained that this is only .75 acre and the size would not offer enough space for residential. Councilman Newcomb explained that the intent of the Overlay was to keep a minimum of one acre per lot. Councilman Newcomb asked how many acres are zoned for Light Industrial in this area and Councilman Lnenicka replied that there are less than 5 acres. Councilman Newcomb discussed that the Atlanta Road Overlay and that all new construction on South Atlanta Road be rendered in the architectural style typical of Cobb County in the years of 1845-1940 and questioned Mr. Moore as to how the proposed building will look like this style. Mr. Moore stated that he felt like the color of the plan is the reason that it does not look .. -- 4 February 7, 2000 like it would be acceptable, but his architect assures him that the design will meet the Overlay criteria. Ms. Lillie stated that the building has been designed with brick and stucco in order to fit in a residential neighborhood. Councilman Newcomb stated that the intent of the Overlay and Council was to have larger lots on Atlanta Road to enhance the character. Councilman Lnenicka thanked the applicants for working with Council and moved to approve the rezoning request from Light Industrial to Neighborhood Shopping Conditional with the following stipulations: 1. The stipulations and conditions set forth herein shall replace and supersede in full any and all prior stipulations and conditions, in whatsoever form, which are currently in place on the subject property. 2. Rezoning of the subject property shall be from the Light Industrial ("LI") zoning category to the Residential Shopping ("RS") zoning category with reference to that certain conceptual site plan prepared for Retail Acquisitions, LLC by Lowe & Associates, Inc. dated December 27,1999, upon the total acreage of 0.75 acres. 3. Applicant agrees to comply with Section 717 of the Zoning Ordinance of the City of Smyrna entitled "Corridor Design Standards," also known as the Overlay Plan. 4. Applicant agrees that the building be constructed on the subject site shall substantially conform to that certain side elevation rendering presented at the hearing before the Planning and Zoning Commission this date as to style and building materials. 5. Applicant agrees to landscaping substantially as shown and reflected on the colored site plan presented at the hearing before the Planning and Zoning commission this date; excepting only, the involvement of that certain twenty-five (25) foot ingress/egress easement located on the westerly side of the property. Further, Applicant agrees to submit a full landscaping plan in conformance therewith to the City of Smyrna zoning staff for approval prior to permitting; excepting only the twenty-five (25) foot ingress/egress easement referenced above. Applicant agrees to use its best efforts to re-Iocate the easement and to landscape said easement as shown and reflected on the referenced site plan. 6. Entrance signage for the proposed development shall be ground based, monument style signage. 7. Environmentally sensitive, shoebox type, recessed lighting shall be utilized within the proposed development. Light bulbs shall be recessed within the fixtures and shall not extend below the fixtures. 8. Hooded security lighting, attached to the structure, shall be utilized for the proposed development. 9. Applicant agrees, at its sole cost, to provide additional signalization at the entrance to the proposed development so as to make the signal a four-way signal conditioned only upon approval by the appropriate governing authorities therefor. 10. All utilities are to be underground. 11. The entrance monument sign is to be of brick and will conform to the Atlanta Road Overlay District. 12. Retention ponds will be constructed on the site as required, and will be designed and built to hold at least 110% -120% of normal capacity so as to further reduce stormwater runoff. Adequate landscaping will be provided to make the pond area unobtrusive. 13. Landscaping will include the City Flower, the Jonquil, and be in accordance with the plan submitted by applicant tonight. 14. A strip of concrete or brick pavers at least 15 feet wide will be constructed across the entrance drive. 15. Lighting will be constructed as to not shine directly into the adjacent residential homes. 16. Operating hours not to exceed Monday through Friday 6:00 a.m. until 10:00 p.m.; Saturday 6:30 a.m. until 11 :00 p.m.; Sunday 6:30 a.m. until 10:00 p.m. Councilman Cramer seconded the motion. Mayor Bacon asked Mr. Moore if the stipulations were satisfactory and Mr. Moore agreed. Councilman Hawkins asked Mr. Cochran if a zoning request could be denied because it does not conform to a future land use guide and Mr. Cochran said no. Motion was approved 5-1 with Councilman Newcomb opposed. (B) Request Land Use Change from High Density Residential to Neighborhood Activity Center for .75 Acres on Atlanta Road. Councilman Lnenicka requests that the Land Use remain as High Density Residential and moved to delete item 3B from the agenda and Councilman Wood seconded the motion to delete. Motion was approved 6-0." .... .""., .""., 5 February 7, 2000 (C) Request Rezoning of .982 acre on Bates Street from R15 to R15 Conditional. Mr. Smith stated the applicant presently has 4 lots on this .982 acre and the lots are for Habitat for Humanity. Mr. Smith stated that P and Z approved the zoning 6-0. Mayor Bacon stated that this is a Public Hearing and asked for opposition and there was none. .. Councilman Scoggins introduced Mr. Dean Byers of Habitat for Humanity who described the physical layout and history of the area. Mr. Byers stated that the sewer line will need to be moved, and that he has spoken with Mr. Hildebrandt regarding this. Mr. Byers thanked Councilman Scoggins for his efforts as well as Mayor and Council. Councilman Scoggins commended the area Churches for their efforts. Councilman Scoggins asked Mr. Byers to take care of the trees in the area and Mr. Byers said that he plans to leave as many trees as possible. Councilman Cramer commended Mr. Byers for their work on the previous Lighting Store on Spring Road. Councilman Scoggins motioned to rezone the .982 acre on Bates Street from R15 to R15 Conditional and Councilman Wood seconded the motion. Motion was approved 6-0. (D) Request Land Use Change from Low Density Residential to Medium Density Residential for .982 Acre on Bates Street. Mayor Bacon stated that this request corresponded with 3-C and asked if there was any opposition. There was none. Councilman Scoggins motioned to change the land use from Low Density Residential to Medium Density Residential for .982 Acre on Bates Street and Councilman Wood seconded the motion. Motion was approved 6-0. (E) Request Rezoning of 10.31768 acres on Cumberland Blvd. (Formally Hargrove Road) from RM-12 to RM-12 Conditional. ... Mr. Smith stated that Mr. John Moore is representing Mr. Teague and that the purpose of this rezoning to bring the property into compliance with its present use. There will be no construction on the site. Mayor Bacon stated that this is a Public Hearing and asked for opposition to this rezoning request. There was none. Mayor Bacon stated that this is Councilwoman Capilouto's ward and that she is home recuperating from surgery and that Councilman Scoggins will be handling this issue. Mr. Moore stated that the purpose of this request is to bring the property into zoning compliance due to the DOT's taking part of the Hargrove Road property. Councilman Newcomb complimented Mr. Teague on the work that has been done on this property. Councilman Scoggins motioned to rezone 10.31768 acres on Cumberland Blvd. from RM-12 to RM-12 Conditional and Councilman Wood seconded the motion. Motion was approved 6-0. (F) Alcoholic Beverage License Request-EI Pastoracito-350 Pat Mell Road-Retail Pouring License of Liquor, Beer and Wine. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. .. Mayor Bacon recognized Mr. Steve Sheaffer who stated that he was opposed to this alcohol license and further stated has witnessed fighting and vandalism on the property. Mayor Bacon stated that this item would be tabled due to a pending citation. Councilman Cramer moved to table this issue until the March 6, 2000 Council Meeting and Councilman Wood seconded the motion to table. Motion was approved 6-0. (G) Alcoholic Beverage License Request-Restaurante La Acapulquena-1000 Windy Hill Road-Retail License Pouring License of Beer and Wine. Mr. Smith stated that this is a new application and the agent is Ms. Angela Onofre. Mayor Bacon stated that this is a Public Hearing and asked for opposition and there was none. Councilman Hawkins stated that this establishment is located in the Belmont Hills Flea Market. Councilman Hawkins stated that this request had been denied earlier because it did not meet the 6 February 7,2000 distance requirements due to distance requirement error. Councilman Hawkins stated that the applicant does indeed meet the distance requirements and apologized for any trouble. Ms. Sissy Santiago represents Ms. Onofre and stated that the food at this restaurant is ethnic Mexican food. Ms. Santiago stated that the restaurant is inside of the flea market. Councilman Hawkins asked Ms. Onofre if she is familiar with the legal requirements in obtaining a retail pouring license and Ms. Onofre said that she is. Councilman Lnenicka apologized on behalf of the Finance and Administration Committee and asked Ms. Santiago about the Hispanic Services Foundation that she represents. Ms. Santiago stated that the Foundation assists people in court and legal situations. Councilman Hawkins moved to approve the application for a retail pouring license and Councilman Lnenicka seconded the motion. Motion was approved 6-0. ...., (H) Alcoholic Beverage License Request -0 HM Enterprises, Inc. D /B/ A Conoco Quick Food Mart-540 Concord Road-Retail Package License for Beer and Wine. Mayor Bacon stated that this is a Public Hearing and asked for opposition and there was none. Mayor Bacon stated that the applicant currently has a license. Councilman Wood introduced Mr. Chirag S. Patel who is the owner and Mr. Dalbag Singh who is the applicant. Councilman Wood asked Mr. Singh if he was familiar with the requirements that Smyrna has pertaining to the sale of alcoholic beverages and Mr. Singh stated that he is. Mayor Bacon stated that during an investigation in 1998, a clerk from this store did not sell to a minor. Councilman Scoggins commended the appearance of the location and Mr. Patel thanked Mr. Scoggins. Councilman Wood moved that the request for a retail package license be approved and Councilman Lnenicka seconded the motion. Motion was approved 6-0. (I) Alcoholic Beverage License Request -For Suite Tenant D/B/A Sumner Suites- Galleria-2876 Spring Hill Parkway-Retail Pouring License for Liquor, Beer and Wine. Mr. Smith stated that Mr. Bailey is not present and no longer with Sumner Suites. Mayor Bacon asked if anyone was present concerning this issue. There was none. ...-II Councilman Scoggins motioned to table the request for a Retail Pouring License for Liquor, Beer and Wine until March 6, 2000 and Councilman Newcomb seconded the motion. Motion to table was approved 6-0. FORMAL BUSINESS: (A) Request the approval of the annual Appropriation Renewal of the GMA Lease Pool Bond Series 1990 Program. Mr. Smith stated that the City has participated in the Lease Pool since its inception and there are still funds available and the City is renewing its right to use these funds. Councilman Hawkins moved to approve the annual Appropriation Renewal of the GMA Lease Pool Bond Series 1990 Program and Councilman Scoggins seconded the motion. Motion was approved 5-0. (Councilman Newcomb was away from the podium during the vote.) (B) Request the approval to Select BellSouth as the Internet and E-Mail Service Provider. Councilman Hawkins stated the Information Services Staff had requested quotes from six Internet providers for Internet Service for fifty sites and the Information Services Department recommends the bid be awarded to BellSouth. Councilman Hawkins made a motion that the bid for Internet Service Provider is awarded to BellSouth, for a monthly cost of $1,141.00 with no installation fee. Councilman Wood seconded the motion. Motion was approved 6-0. ...." (C) Approval to authorize the Mayor to sign contract of Purchase and Sale- Nelms Lodge- Including Revisions. 7 February 7,2000 Mr. Smith stated that this contract would purchase the Nelms Lodge in order to sell the property to Coro Realty. Mr. Smith stated that there would be some addendums added regarding site development. Mr. Smith stated the development would begin within 90 days. ... Mayor Bacon recognized Mr. Michael McNaughton and Mr. John Lundeen of Coro Realty. Mr. McNaughton stated that his proposal was submitted in January 1999. Mayor Bacon stated that the most difficult part of the Downtown Development would be the retail and feels that one of the premier builders of the country is involved. Mr. McNaughton presented a visual display of the property, and discussed the project. Mr. McNaughton stated that there would be opportunities for 42 residences, 40,000 square feet of retail, 40,000 square feet of offices and a freestanding restaurant. Councilman Wood asked if the retail space included restaurant space and Mr. McNaughton stated that there are opportunities for restaurants in the retail space. Mr. Lundeen thanked the City for the opportunity to work on this project. Councilman Hawkins stated that this was a very important event for the City and the City is entrusting Coro with this project. Councilman Hawkins made the motion to authorize the Mayor to sign the contract (Including Revisions) for the purchase and sale of the Nelms Lodge-Including Revisions for $660,000 and Councilman Scoggins seconded the motion. The motion was approved 6-0. (D) Approval to authorize the Mayor to sign agreement for Purchase and Sale of Real Property-City of Smyrna and DDA. Councilman Hawkins made the motion to Authorize the Mayor to sign agreement for Purchase and Sale of Real Property-City of Smyrna and DDA to Coro Realty for $180,000 an acre with conditions and Councilman Wood seconded the motion. The motion was approved 6-0. COMMERCIAL BUILDING PERMITS: (A) Benning Construction Requests a Permit for the Construction of the Shell Building at Highland Station. ... Councilman Lnenicka stated that this property is at the corner of the East - West Connector and South Cobb Drive in the Publix Shopping Center. Councilman Lnenicka motioned to approve the building permit for the construction of the Shell Building at Highland Station and Councilman Cramer seconded the motion. Motion was approved 6-0. (B) Clayton Construction Requests a Permit for the Construction of a Car Wash and Lube Center at 2543 Spring Road. Mr. Smith stated that the estimated construction cost is $585,000 and that this request has been discussed at earlier Council Meetings. Mr. Smith stated that it was originally thought that a variance might be needed, however, a variance was not necessary. ... Mayor Bacon recognized Mr. Cleve Meredith and Mr. Jason Douget of Carnutz. Mr. Cochran stated that the property is in the Spring Road Overlay District and that there is no requirement for a variance. Mr. Smith stated that the applicant intends to meet all conditions of the Spring Road Overlay. Mr. Douget stated that the applicant is making many allowances in order to meet the requirements of the City. Mr. Meredith would like to work with the City regarding the sign. Councilman Wood asked about the type of business and Mr. Meredith answered that it is a car wash, lube and detail facility. Councilman Scoggins made the motion to approve the building permit for the construction of a car wash and lube center and Councilman Hawkins seconded the motion. Mr. Cochran stated that the shortest street is Bell Street, so therefore Bell Street is the front of the lot and Woodland Terrace is the rear of the lot. Councilman Newcomb stated that the Overlay Ordinance requires a 50-foot setback in the front and 100 foot setback in the rear and with the IS-foot landscape setback this building will not fit on this property. Mr. Cochran stated that the 100-foot setback for rear yard does not apply if the rear yard abuts a public street. Councilman Newcomb stated that the adjacent streets are also covered by the Overlay and Mr. Cochran agreed. Vote to approve the motion was 3-3; Mayor Bacon cast a vote supporting the approval of the building permit. Motion to approve the building permit was 4-3 with Councilman Cramer, Councilman Newcomb and Councilman Lnenicka opposed. 8 February 7, 2000 BID AWARDS: (A) Bid Award #2000-0003 for the Demolition of Nelms Lodge at 1312 West Spring St. Councilman Scoggins stated bids were sent to five vendors with two responses. Councilman Scoggins stated the Public Works Staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, Dickman Grading and Hauling. Councilman Scoggins made a motion that the bid for the demolition of the Nelms Lodge be awarded to Dickman Grading and Hauling, low bidder meeting specifications, for a total cost of $38,200. Councilman Cramer seconded the motion. Motion was approved 6-0. .... CONSENT AGENDA: (A) (B) (C) (D) (E) (F) (G) (H) (I) (1) January 18,2000 Minutes Approval to Rename Newest City Park to Chuck Camp Park. Approval to Use R & E Funding for Current Contract for Unit Pricing for Easements and Installation of a Sewer Main on Beaver Creek Road. Approval to Purchase Bar Coding on Water Bills and a Letter Opener- Utility Services. Approval to Purchase Nine Mobile-In-Car Video Systems (Including Installation) and Approval of one Radar Interface- Police Department. Approval to Request Bids for Site Development on West Spring Street. Approval to Request RFP for Banking Services. Approval to Install No Parking Signs on Oakview Drive between McCauley Road and Ridgecrest Road. Approval of Building Hearings Officer- Dan Scoggins. Approve Keep Smyrna Beautiful Commission to Serve as the City's Tree Board. ..... Councilman Wood made a motion that the Consent Agenda be approved. Councilman Cramer seconded the motion. Motion was approved 6-0 Mayor Bacon stated that he thought the renaming of the City's newest park of Chuck Camp Park is very fitting and he looks forward to working with Mr. Dan Scoggins as the new Building Hearing Officer. COMMITTEE REPORTS: Councilman Wood extended congratulations to Councilman Hawkins on being named Mr. Smyrna and to Mrs. Ann Kirk for being named Ms. Smyrna. Councilman Lnenicka offered his congratulations to Councilman Hawkins and Mrs. Kirk and wished a happy birthday to Councilman Scoggins. Councilman Cramer stated that he is happy to bring the Glendale Apartment and Birch Street issue to a head and congratulated Mr. Hawkins on being named Mr. Smyrna and a happy birthday to Mr. Scoggins. Councilman Hawkins thanked everyone for the congratulations and wished Mr. Scoggins a happy birthday. ..." Councilman Scoggins congratulated Mr. Hawkins and Mrs. Kirk. Councilman Newcomb wished Mr. Scoggins a happy birthday. Mayor Bacon thanked Mr. Cochran for everything that he has done for Smyrna, congratulated Mr. Hawkins and Mrs. Kirk and wished Mr. Scoggins a happy birthday. 9 February 7, 2000 ADJOURNMENT With no further business, the meeting adjourned at 10: 17 p.m. ~~ ~~ A.MAXBACON,MAYOR CANDIS JOINER, - e.n~ C~ ~, Jh CHARLENE CAPILOUTO, WARD 1 RON NEWCOMB, WARD 2 4~UZ(~~ BILL S OGGINS, ~RD 3 (/~lbid~ CHARLES PETE WOOD, WARD'7 -- --