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November 15, 1999 Council Meeting November 15, 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 Pro Tern Jim Hawkins at 7:30 o'clock p.m. All council members were present except Mayor A. Max Bacon who was out of town on business. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorneys Chuck Camp and J. Al Cochran, 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, Keep Smyrna Beautiful Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles and representatives of the press. ., Invocation was given by Councilman Wood, followed by the pledge to the flag. CITIZENS INPUT: Mayor Pro Tern Hawkins recognized Human Resources Director Chris Corey. Mr. Corey asked Steve Ciaccio to come forward. Mr. Ciaccio stated each October and early November the Georgia Recreation and Parks Association has a state conference and he and Patty Bacon attended the conference recently. He further stated his department nominated a number of persons for awards at the State and District level. Mr. Ciaccio announced that Ms. Bacon received some State awards - one for the city's "May is Older Americans Month" and the other for the activities calendar that is done quarterly - and is the STAR Employee of the Month for November. Ms. Bacon thanked everyone for the award and especially Councilman Scoggins. Mr. Corey presented the award to Ms. Bacon. Mayor Pro Tern Hawkins recognized Danielle Jacobs who was presented a proclamation in honor of National French Week. Ms. Jacobs, student from South Cobb High School, and Mr. Craig Barfield, French teacher, thanked the city for their support. Mayor Pro Tern Hawkins recognized Frank Bradford who congratulated the re-elected council members and stated he is looking at seeking the open judgeship in the Cobb Superior Court next year. ., Mayor Pro Tern Hawkins recognized Howard Martin, resident of Lee Street. Mr. Martin expressed his appreciation to Mr. Stokes and the Public Works Department for their quick response to a major sewer back up last week. Mayor Pro Tern Hawkins recognized Eddie Head who opposed Mr. Scoggins recently for the Ward 3 council seat. Mr. Head congratulated Mr. Scoggins and the other council members for the clean race that was run. Mr. Head offered his assistance to Mr. Scoggins and the rest of the city in any capacity that would benefit the city. Mayor Pro Tern Hawkins recognized James Royal who opposed Mr. Cramer recently for the Ward 5 council seat. Mr. Royal thanked Mr. Cramer for running a clean race and he also thanked the citizens of Ward 5 for the opportunity of meeting with them. Mr. Royal stated he would be happy to serve the city in any capacity that would benefit the city. PUBLIC HEARINGS: (A) Variance Request - 2549 Spring Road - Reduce Rear Yard Setback from 100 Feet to 50 Feet .. Mr. Smith stated the applicant, Jason Douget, is requesting the variance for Car Nutz Enterprises to build a full-service car wash boutique with an eating area associated with it. Mr. Smith continued that the request is being made due to a hardship the owners contend is being imposed by the Spring Road Overlay requirements which are a little bit more stringent than the regular zoning requirements the city has for setbacks. Mayor Pro Tern Hawkins stated this is a public hearing and asked if anyone was present in opposition to the granting of this request. There was no opposition. Councilwoman Capilouto recognized Jason Douget, his partner Cleve Meredith and their architect, Torey with C&NA. Ms. Capilouto stated she understood the reason the variance is being requested is because normally the setback is 50 feet but since this council put in place the Spring Road Design corridor, it requires a 100- foot setback - residential. Mr. Douget stated November 15, 1999 meeting - continued that is correct. Ms. Capilouto stated it is her understanding that Mr. Douget plans to tear down the existing yellow building and constructing a new building at the same location. Mr. Douget responded that was correct. Ms. Capilouto stated if there were not this new 100-foot setback then they would not have to apply for the variance because it would be within the 50-foot setback. Mr. Douget stated that was correct. Ms. Capilouto stated Robin Broyles, Director of Community Development came to see her with the plans and there was an entrance/exit on Bell Drive and she had concerns about that because of the traffic. Ms Capilouto stated she understood that Mr. Broyles talked with Mr. Douget and Mr. Douget indicated he could work around that and change it but further stated her packet of plans did not include those changes. Ms. Capilouto asked for an explanation of that. Mr. Douget stated he did not know how she had the original plans but they kind of have a new directional flow of traffic. He continued that essentially for the "just in case" times when they do get busy - fortunately, statistically, this business is not a business that during the rush hour times is busy. He continued that people do not want to pull off the road during rush hours, they want to stay in their flow of traffic and continue to go. He stated the busiest time for them is going to be on Saturdays of course and during the weekend which they are not as concerned with the traffic issue but it is not as packed as it usually is. He stated he has been working off of Spring Road for three years now and he knows how the traffic gets between the hours of about 3:30 and 5:30 p.m. and early in the mornings as well. Mr. Douget stated what they have done for an alternative on the original plan is that and the original thought was that they have three fifty-foot curb cuts. He stated originally they were thinking that to use the light would be the best and in the interest of safety for the people coming in and out of the location. Mr. Douget stated Mr. Broyles had informed him that there was a situation already with the traffic on Bell Drive at certain times of the day. Mr. Douget stated that fortunately, even if they do get packed and busy, they can only stage three cars at the light and their customers have to yield to the right of way of traffic regardless. He stated they have timed the light right there and it is a pretty quick light and from the times they have timed it they have seen a 45-second turn around. Ms. Capilouto stated not if you are on Bell Drive - you can sit at that light for three minutes before it turns and that is her concern. She stated there are about 220 homes down there and each home is going to have at least two cars and Saturdays and Sundays it gets pretty busy - people coming and going and that light does hold. Ms. Capilouto continued that her concern is they had talked about having an entrance or exit on Bell Drive and one on Woodland where there is only three houses on that street. Mr. Douget stated they are not closing any of the fifty-foot curb cuts and what they are trying to do is and it is going to be a test situation but they have three options which they feel like are good options. Mr. Douget stated if they do start to create a problem on Bell Drive, it will be easy for them to direct their traffic right around with the flow of traffic as they come into the lot off onto Spring Road at the front or over to the other side road - Woodland. Ms. Capilouto asked about the curb cut on Spring Road - really two - and Mr. Douget stated there is only one now and then Ms. Capilouto asked if it would be kept open. Mr. Douget responded it would. Ms. Capilouto asked how will the cars be able to turn off Spring Road and get to the check in area. Mr. Douget stated on the revised plan the check-in area is gone because of the traffic situation. Mr. Douget explained that the little curb shown on the original plan and marked" greeter" has been removed from the plans. Mr. Douget further explained that right at the Spring Road 50-foot curb cut, if you go straight towards the back of the lot, right by the dotted property line there is a curb there that says" greeter" and that is the check in area and that whole curb is going to be removed. Mr. Douget stated that typically they are discouraged from doing any type of handouts but they have prepared enough for everyone present if that would help. The handouts were presented to the council. Ms. Capilouto stated it is her understanding this is more of a detail shop than a car wash. Mr. Douget stated it is more of a high line type deal that they are doing that they are testing out and they will do a lot of appointment setting with the local businesses and they are also going to offer a shuttle service for their appointment settings. Ms. Capilouto then asked if in other words she could bring her car, appointment preferred....Mr. Douget stated they do prefer appointments because that gives them more allocation of time to do what they need to do to a car and stated their appointments are going to be typically for full service deals. Mr. Douget continued their services are going to include a person who gets their oil changed they are going to take care of their car - they will clean the car, vacuum the car, and do a lot of things that other folks don't do in this industry. Mr. Douget stated if you wait on your car, they will provide you with some sort of fast Harry's in a Hurry style food, Planet Smoothie while you can wait in the lobby because the lobby itself is a 1,000-square feet - very near the structure of this as it is done with the ceilings and everything else inside and is built to be an attractive establishment so the people will enjoy coming to this place. Mr. Douget said they are going to do appointments - that is going to be a marketing blitz that they are going to have to do to all the local businesses and also residents around the area. Ms. Capilouto stated she now understands the plans a little better now. Mr. Douget stated there are three options if you see the way it loops around when you come in on ...., ...., ..." November 15, 1999 meeting - continued -- Bell Drive and you are staying to the right, basically if Bell Drive gets to be a problem, they can interject that. traffic with the flow of traffic coming back around the building again and either exit Spring Road or Woodland Terrace over to the side - either or. Mr. Douget stated his whole reason of wanting to use the light was he would hate for a person to leave his establishment and get in a car accident. He continued that fortunately they are in a 35-mile an hour speed zone here and he doesn't know how much that means but he does see City of Smyrna on that road all the time and they like to radar right around the corner from that area and he thinks that has a lot to do with the elementary school being there as well. Mr. Douget stated he needs to make a correction - the original building that is sitting there right now is actually about 72 feet from the back property line and they are requesting to go to 50 feet. Ms. . Capilouto stated it is in the same location that the current building is in and Mr. Douget stated not the back of the building. Mr. Douget stated it meets the 50-foot setbacks in the front, both sides and the rear and essentially that was the only way they could put this location here and fit what they needed to fit here and a lot of time in actually designing a building and the problem was none of them saw the 100- foot setback on the rear and to be frank all the other counties around on the setbacks - they have two secondary streets and a primary road - and all the zoning requirements for most of the cities and counties around this area are depending on whether you are adjacent to a secondary street or primary street and the definition of being adjacent to a secondary street was whatever your shortest property width is, that's the street that you are adjacent to which would make them adjacent to Bell Drive not adjacent to Spring Road. Mr. Douget stated with that zoning there is no requirement for a rear yard setback so that is originally why they have built the building the way they did not thinking that there was a rear setback in the back to contend with - 50-foot was where they needed the building on the back and they felt that was plenty of room. Mr. Douget stated they did sit down with Robin and went through the zoning book and there is not a real clear definition but Robin brought up a good point as well that there has to be understood a rear yard setback somewhere regardless of whether it is in there or not - there is a rear yard setback to the building. Mr. Douget stated his only real question was what road are they adjacent to and that was the question if he was to apply for a variance he wanted to know exactly where they sat and what they were asking for. Mr. Douget stated that Mr. Broyles made it clear that they are dealing with the back yard setback so essentially they went back and talked to the neighbors behind the place and talked to a few other people in the neighborhood and nobody seems to object except for the people right behind them. He stated those people asked them not to put any trash in their yards. He stated the overall plan and layout of what they are doing is to build a million dollar facility on this site and they are not talking about what is there right now is an eyesore - it is going to be removed; the whole building is going to be built with split-block CMU and is the same color as the city is using right now with the earth-tone colors and as a matter of fact it is a tan CMU block that is almost like the stucco on the top of this building here with a deep earth-brown band around the top of it - a very attractive establishment. He then stated he hopes the council will approve variance - the 50-foot setback as it is hard to build a building with the way the zoning requirements are right now with the site they are dealing with. He states it leaves them with very little area and it would leave anybody with very little area to build there. Mr. Douget stated he knows that before Race Track was thinking of buying the property they were going to buy the house behind it as well so they could actually meet the setbacks until they found they could not do beer sales because of the church next door which is the last thing the city needed going in there was a Race Track if you have problems now with the traffic on Bell Drive. He stated they do not plan on creating. ..our business is not a business that is going to stack a hundred cars at a time in this property and what they are looking for is cars constantly but not stacked - not staged. He stated their equipment in the back is capable - just to let you know where the cars don't stage and their people are capable of turning out a car every ten minutes - not from a lube standpoint but from a cleaning standpoint. He stated there is not a lot of time for a lot of buildup to happen there but it is enough time for someone to get out and get out of the site before they do have a traffic issue of backing up. Ms. Capilouto asked Mr. Douget that once the cars are taken through the "wash" where is the detailing done. Mr. Douget responded the detailing is around front and is actually - if you look at the original "check in" area - there is a curb cut that they have put next to the handicapped sign and if you look and turn through the plans and see the elevations you come around that curb and there is a two-bay set up right there and that will be the detailing and the finishing. He stated the detail customers originally were scheduled to be pulled out when they got finished to go onto Woodland Terrace and so a majority of that, not only that, but the lube customers as well would come out and go to Woodland Terrace that didn't want to get the service for the wash so Bell Drive was not ever their intentional only exit on the property. He stated they felt like if they were going to create traffic problems anywhere, they needed to test the curb cuts that were there. Ms. Capilouto asked if the curb cut on Woodland Terrace is still going to be open and Mr. Douget responded yes. Mr. Douget stated all he is trying to prevent from there is an entry and he does not want -- .... November 15, 1999 meeting - continued people to enter on Woodland Terrace. Ms. Capilouto then asked if this presents a problem and a traffic jam on Bell Drive what could he possibly do. Mr. Douget responded he could bring people in on Spring Road and exit Woodland Terrace or Spring Road. Ms. Capilouto asked about Bell Drive. Mr. Douget stated if there was a problem on Bell Drive he could bring them in on Bell Drive and they could exit Spring Road or Woodland Terrace. Mr. Douget stated they would just have to go around the lot to exit and that may be something that they are definitely open to working whatever they have to with the city of Smyrna to make this thing work. He continued that if they create a traffic problem, maybe they could set restraints on the time of days during some days that they use an exit on Bell Drive and work with the city to take care of that. Mr. Douget stated maybe they could have the graciousness of the City of Smyrna to make the light a little quicker if it is a three-minute light. Ms. Capilouto stated she does not know what happens to that light because sometimes it is quick and sometimes you just sit there forever and ever. Mr. Douget stated they have pulled out and in twenty-five seconds the light changes and the most they have had it hold is forty-five seconds but he does not drive it every day. Mayor Pro Tern Hawkins asked if they could zero back in on the issue of the 50-foot building setback line and stated he feels that is the real issue. Mr. Smith asked Ken Hildebrandt to comment on the entrances/exits to this site and particularly the entrance from Spring Road. Mr. Hildebrandt stated he had some concerns about the proposed driveway on Spring Road - Bell Drive and Woodland Terrace are only separated by about 300 feet and then to have a driveway halfway between - the best thing you could do is to consolidate left turns to the public street and he has concerns about the left turns in and out of the driveway on Spring Road. Mr. Hildebrandt stated he would not have a problem with a right in/right out but does have concerns about a full access driveway there. Mayor Pro Tern Hawkins asked Mr. Hildebrandt if he has not looked at these plans prior to tonight. Mr. Hildebrandt stated he has not seen the latest plans but had seen the plans submitted. Mayor Pro Tern Hawkins asked Mr. Hildebrandt if this plan is one that has not gone by the City Engineer. Mr. Douget responded this is something that Robin Broyles had said just recently may come up in conversation - the traffic - and if they could come up with some sort of an alternative of what you might do and that is what they worked with and is what they brought up here tonight. Mayor Pro Tern Hawkins stated that the city, as a side issue, always has right to disallow curb cuts but by law does the city have to honor curb cuts that are already there. Mr. Hildebrandt responded in his mind this is a totally new site and when they come in and bring their plans in the city would have the discretion of allowing or disallowing a curb cut. Mayor Pro Tern Hawkins stated he feels they are tying two issues here together - the city has an issue of entrance and exits and he understands this is a real problem...Councilman Newcomb stated they may be related because it is a new site so it would come under the Spring Road Overlay obviously that is why they are here. Mr. Newcomb continued that it says there can not be a curb cut within 200 feet in the overlay district of an existing curb cut. Mr. Newcomb asked would you treat....I think it is probably within 200 feet of the next lot to the west of there and the City Engineer may can consider the two streets to be curb cuts - he doesn't know but he thinks Mr. Hildebrandt's point is pretty clear - there will be three places within 170 feet that all will be turning left in and all trying to turn left out on top of each other. He stated that curb cut may indeed be a problem. Mr. Douget stated the site is not actually - the only thing that is being done to the site is a recovering of asphalt and the building location itself. Mayor Pro Tern Hawkins stated his point is that if the city has an issue before them in regards to building setback lines, if in fact the curb cuts and the overlay requirements have not been met, if that is the problem then there should be a variance before the city that deals with that and not a variance that deals with entrance and exit issues when the paperwork that they have received talks about the issue of a setback which is the only thing the city should be addressing. Mr. Hildebrandt stated he felt they could handle the issue of a driveway during the plan review process if you would like to do that. Mayor Pro Tern Hawkins asked if that would be handled as a separate issue? Mr. Hildebrandt responded yes. Mayor Pro Tern Hawkins asked if the plan that is before us tonight, the plan the council has not seen, as far as the issue of entrance and exit he thought that should be resubmitted to the City Engineer and be a separate issue. Mr. Hildebrandt stated he agreed. Mayor Pro Tern Hawkins stated the City Engineer has not given the city any written notice on how he perceives this. Mr. Hildebrandt stated they have not submitted their plans yet for their approval as they are just coming tonight for the variance and once the variance is received they will come to the city with detailed site plans. Councilman Wood asked about the plans he has seen tonight indicating the three functions on the site - a lube bay, a washing facility and a detail shop - and what a typical day's volume for those three functions into that location would be. Mr. Douget responded about 130 cars from 8:00 a.m. to 7 or 8 at night depending on the time of year. Councilman Wood asked how much stacking could he get on this plan and Mr. Douget responded even with the 50-foot setback they have enough parking to stage 35 cars at one time and that is finishing cars and that is almost a third or quarter of the volume they plan on doing a day. Councilman Wood asked about the dimensions of the building - the size of the actual .... .... ..... November 15, 1999 meeting - continued - covered - amount of property covered on there. Mr. Douget responded 6,000 square feet. Councilman Wood asked about the total site size and Mr. Douget responded almost one full acre - .99 acres. Councilman Wood again asked how much was the building coverage and he responded 6,000 square feet which is not really a large portion of the size considering that the way the lot is right now it is completely paved. Councilman Wood stated he understood that but you also have to allow for all the ingress/egress and the lanes you have coming in there shown on this plan and all the circular traffic plus parking. Mr. Wood asked if the bay doors are metal and Mr. Douget responded they are actually an almost earth-tan color but they are not metal and are made of a poly-type product that is weather proof and weather resistant and is a real good door that will stand to the water situation and humidity that they have back in the tunnels and so forth. Councilman Wood asked how many days they will be open. Mr. Douget responded they plan to be open six possibly seven. Mr. Wood asked if the hours of operation would be 7 a.m. to 7 p.m. and Mr. Douget responded the Sunday hours would be a .questionable day and they may test Sundays but it would be after 12 o'clock that they would open and probably about one o'clock in the afternoon until about five o'clock. Councilman Newcomb stated he might have to ask Robin Broyles or Ken Hildebrandt to help him with something but stated there is a 50-foot front yard setback...this structure...do you have a copy of the plat there? Mr. Newcomb asked what does the structure...you see the handicapped parking and then to the right of it looks like some kind of concrete raised sidewalk or....Mr. Douget responded that is a sidewalk. Mr. Newcomb stated that is within the front yard setback.. .I'm talking about that little area just right adjacent to the handicapped parking and asked if that was a raised concrete sidewalk. Mr. Broyles responded he thought it was a 4' x 6' raised sidewalk and Mr. Newcomb asked if they considered that to be in the front yard setback. Mr. Broyles said it is not part of the building and so it is allowed. Mr. Newcomb stated but it is part of a structure and...Mr. Broyles stated the setback is a building setback. Mr. Newcomb stated he was trying to figure if there is another need for another variance on that front yard setback because of that. Mr. Broyles stated the structure itself complies with the setbacks in the front and side and it is just the rear yard where he is going over. Mr. Newcomb then asked what would you call that, it is not part of the structure its not part of the parking lot its.. .Mr. Broy les stated it is just part of the sidewalk... Mr. Newcomb asked is it part of the sidewalk? Mr. Broyles responded it is just part of the sidewalk. Mr. Newcomb then asked what would you call it if it is not part of the structure, it's not part of the parking lot. Mr. Broyles said it's just a sidewalk. Ms. Capilouto then stated it's an existing sidewalk. Mr. Newcomb said no, it is not. Mr. Broyles said in this case...Ms. Capilouto said there is a sidewalk there now. Mr. Douget stated it is handicap provision right there. Mr. Newcomb stated he is trying to determine if that is part of the building structure and.. .Mr. Douget stated it is not attached to the building so it would definitely would not be part of the building not being attached. Ms. Capilouto asked if the ramp is required and Mr. Douget responded that is correct. Mr. Newcomb stated his question is whether it's in the front yard setback or not and Mr. Broyles says it is but it's not part of the structure so it's OK. Councilwoman Capilouto stated she has received several phone calls from mainly the citizens that live off of Bell Drive, on Bell Drive, and further back in the other subdivision and she told them what the plans were and how it was going to look and the guidelines it would be following and they were tickled to death. Ms. Capilouto stated those residents are tired of complaining to her and the city about the owners not maintaining the property and Ms. Carol who owns several houses on that street gets complaints from her tenants about them just throwing trash and the abandoned cars and the wrecked cars there so it definitely is something nice that she would like to see on that corner. Mr. Douget stated they promised not to use any astro-turf for grass. Mr. Douget stated essentially that is the situation they have been dealing with as well with Robin - the right of way and most of their landscaped area is the right of way there and he has been working with the traffic engineer as well as to how he can landscape that area because he can not do this site without heavy landscaping and that is part of the building design. He continued that the city engineer has given him a good list of no more than three foot along the right of way but he will let me do that and maintain that and he stated he was glad they did their digging recently if he gets this variance so maybe it will be a few years before they have to dig again. Mayor Pro Tem Hawkins stated if this variance is granted, it will stand on its own and will not affect any other requirement of the overlay district and if there are any other problems the applicant will have to come back and apply for further variances. .. .... Councilwoman Capilouto made a motion to approve the variance request at 2549 Spring Road to reduce the rear yard setback from 100 feet to 50 feet be approved. Councilman Scoggins seconded the motion. Councilman Newcomb stated he agrees with the gentleman that said there is an eyesore there and he knows that the councilwoman has worked with those folks for a long time at the existing site and she was very successful in getting them to take up the astro- turf and to get them to repaint the color and so forth and is working on the sign. He stated it is November 15, 1999 meeting - continued an eyesore and there is no question this would be an improvement to the site but here is the dilemma that I am stuck on. The Mayor and Council, this group sitting up here, we passed in October of 1996 and again in January of 1997 and I think we tweaked it one more time since then, an overlay district on there that put the issue before us that you are here seeking a variance from and that is the rear yard setback. Mr. Newcomb said it was by no accident that this group put that on there. He continued that the city's concern was that on Spring Road, Concord, Windy Hill, South Cobb and all these places that we got little bitty lots with.. .especially where the houses have been converted to businesses that the only way we are ever going to get out of businesses having those little bitty places on little bitty lots was to put in place an overlay that required bigger lots so we could have more landscaping, move things back away from the main roads and to give more of a buffer from any adjacent residential areas and so forth and so the Race Track people had the right idea. Now, that is to try to get the lot behind it so that could essentially be a buffer between that place of business 100-foot setback between that place of business and the residences behind it. Now, of course I think the Mayor and Council and the councilwoman would be leading the charge if somebody tried to go in there and spot zone that and then the one behind it for a business but in terms of consolidating and that becoming a buffer, that was the intent of doing that and it was no accident we did that and in fact the first redevelopment that occurred down there -- the Eckerd' s - they bought an extra piece of land down there on Spring Road because we required them to have that...they bought a little bit extra in the back because we required them to have that 100 foot setback and we held them to that overlay. He continued that he was concerned about the precedent if we say it is a hardship because they haven't enlarged the lot. He stated that while he welcomes them to come and thinks it would be an improvement he thinks they have to do it on a lot that's bigger. Mr. Newcomb further stated that the inspiration for that Spring Road Overlay came from a group, in fact a group led by Mollie Herrin called the Spring Road Committee -- she went and gathered up folks from the neighborhoods and in fact the councilwoman was on that. He stated they talked about this vision of a grand boulevard down and that helped inspire to a large extent the work that took place on Spring Road. Mr. Newcomb stated the city has had so many positive comments about Spring Road and in fact he was curious and went back and looked at the minutes where the city first passed this thing back in 1996 and you can find that same inspiration from that Spring Road Committee. He stated the consultant that presented it, talked about a citizens survey and the overall response was positive, it's what the city had done, small town atmosphere, tree covered streets is what they wanted, and that was the purpose of some of these redevelopment aspects that we put into the overlay - to see them redeveloped, got into environment, graceful streets with large trees, narrow lots with deep setbacks and small footprints of buildings. Mr. Newcomb continued there were very clear guidelines as to minimum and maximum lot sizes and the types of buildings that go into them and we approved that 7-0 with all of us sitting up here and again 1997 as well. Mr. Newcomb stated the dilemma is he'd love to see these guys come in and take that place down but he wished they could do it on a larger lot and if you could do that he would say thumbs up but unfortunately he was concerned about the precedent that the city would set. Mayor Pro Tern Hawkins asked if there were any additional comments. Mayor Pro Tern Hawkins stated there is a motion and second to approve the variance request. Motion was denied 4-2 with Councilwoman Capilouto and Councilman Scoggins in favor of the variance and Councilman Newcomb, Councilman Cramer, Councilman Wood and Councilman Lnenicka opposed. Councilman Lnenicka asked the city attorneys since the motion to approve failed, does it require a motion to deny. The city attorneys responded it did not. ... ...., Mr. Douget asked the council in reference to the zoning that is on the site, is there a way he could actually dig further into the secondary street issue because he felt very strong that in the zoning books and from reading the books there is no rear yard setback adjacent to a secondary street and stated they have a very unique layout on this and on technical terms he believes Woodland Terrace is their rear yard and has believed that from the start. Mr. Douget stated nobody has shown him in writing where he is wrong and he would like to know where he needs to go to approach that and how he needs to present the city with the statistical data that shows the shorter distance of the property line is the front yard and everything else falls within those parameters. Mayor Pro Tern Hawkins recommended that he get his plans and try to set up a meeting with the city attorney and let them go over the city ordinance with him and further stated he might be right. Mr. Douget asked if he was right what happens from here because he has all the zoning books and all the information and he would love to actually sit down with them and go through it. Mayor Pro Tern Hawkins stated if the city attorney tells the city that they have interpreted it wrong, the city will go from there and do the right thing. He continued that the city will do whatever the city attorney advises. ..... November 15, 1999 meeting - continued (B) Variance Request - 2590 Spring Road - Folks, Inc. - To Use Pylon Free-standing Sign Instead of Monument Sign Mayor Pro Tern Hawkins stated Items (B), (C) and (D) all involve Folks Restaurant and asked Ms. Capilouto about those items. Councilwoman Capilouto stated she had received a letter from Folks, Inc., Restaurant on their application for a variance and they have asked that their application be withdrawn without prejudice. Councilwoman Capilouto made a motion that the variance requests at 2590 Spring Road - Items (B), (C), and (D) - be removed without prejudice. Councilman Newcomb seconded the motion. Motion was approved 6-0. .. (C) Variance Request - 2590 Spring Road - Folks, Inc. - To Have a 91-square Foot Sign Instead of a 32-square Foot Sign See above narrative. (D) Variance Request - 2590 Spring Road - Folks, Inc. - To Have a Sign Height of 35 Feet Instead of 8 Feet See above narrative. (E) Variance Request - 819 Cindy Lane - Reduce Side Yard Setback from 26.6 Feet to 15 Feet Mr. Smith stated the variance request caused by the hardship imposed by the unusual configuration of this particular lot and the buffer requirement associated with the city park and also a tributary buffer along a property line. Mr. Smith stated the applicant has met with the Public Works Committee, the Community Development Director and the City Engineer have all reviewed this and the variance request is to develop an office/warehouse. Mr. Smith stated there is a notice to the contiguous property owner associated with the request for the variance. Mayor Pro Tern Hawkins stated this is a public hearing and asked if anyone was present who would like to address the issue. There was no public comment. -- .. Councilman Wood recognized Mr. Jeff Crowe, representative for Bugg & Crowe Properties, LLC. Mr. Wood stated this company has applied for a variance so they can build a warehouse operation in there that complies with the current zoning on the property and what they need tonight is a variance. Mr. Wood asked Mr. Crowe to briefly go over the hardship conditions associated with the request. Mr. Crowe stated the lot is an irregular shape and on the Lake Drive backside, along the park, they are required to have a 50-foot buffer and there is also a tributary buffer of 25 feet along the area that separates the property from the development across the creek and on Cindy Lane; running down Cindy Lane there is a lO-foot city-owned area on the road itself that they are not counting and were not aware was a part of the owned land. He stated they would have a 15-foot setback including the city land where the property deadends close to the buffer there is nothing there. He stated this would allow an entrance off Cindy Lane and Lake Drive. Councilman Wood asked if they have the 20-foot offset on Cindy Lane which includes some utility lines and the stream buffer. Mr . Wood stated for the record that these buildings will be offices and storage area for businesses and not to be rented to individuals for a mini-warehouse type use. Mr. Crowe responded these would be office warehouses where people would be there daily and will have an actual office with storage space within there. Councilman Cramer asked about the construction material and Mr. Crowe responded it will be split-block completely around but he is not sure about the interior but they have talked with the Fire Marshal and have plans submitted to the city and believes they have met all the standards of keeping it within what that development district requires. Mayor Pro Tern Hawkins stated for the record since he is conducting the meeting he will not be voting tonight but he has worked with the developers and if he were voting he would strongly support the request. Councilman Wood made a motion that the variance request at 819 Cindy Lane to reduce the side yard setback from 26.6 feet to 15 feet be approved. Councilman Cramer seconded the motion. Motion was approved 6-0. November 15, 1999 meeting - continued FORMAL BUSINESS: (A) Certification of Election Returns Mayor Pro Tem Hawkins stated Georgia law requires the returns to be certified in a public meeting and asked City Clerk Melinda Dameron to read those results. Ms. Dameron read the results (which are attached as a part of these minutes). Councilman Lnenicka stated it is the duty of the council to certify the returns of the November 2,1999, election and to forward the results to the State. Councilman Lnenicka made a motion to certify the election returns and forward them to the Secretary of State's office. Councilman Wood seconded the motion. Motion was approved 6-0. -- COMMERCIAL BUILDING PERMITS: (A) New South Construction - 1575 Buckner Road (Whitefield Academy) - Construction of 26,400 Square Foot Modular Classrooms Councilman Wood stated this is one of two building permits for Whitefield Academy and their new campus at Buckner and Pebblebrook Road. Councilman Wood made a motion to approve the commercial building permit for New South Construction for the construction of 26,400 square foot modular classroom facility with an estimated construction cost of $1,300,000. Councilman Cramer seconded the motion. Motion was approved 6-0. (B) New South Construction - 1575 Buckner Road (Whitefield Academy) - Construction of a 34,500 Square Foot Gymnasium Councilman Wood stated this is the second part of the requested building permit and is for the construction of a 34,500 square foot gymnasium facility at an estimated cost of $2,100,000 and moved approval of that building permit. Councilman Cramer seconded the motion. Motion was approved 6-0. (C) Building Permit - 2610 Spring Road - Construction of a 4,206-Square Foot Restaurant (Burger King) ...", Councilwoman Capilouto stated this location is across the street from Piccadilly and on the same side of the street as the recently re-located Folks Restaurant. Councilwoman Capilouto made a motion to approve the building permit at 2610 Spring Road for the construction of a 4,206 square foot restaurant with an estimated cost of construction of $600,000. Councilman Newcomb seconded the motion. Motion was approved 6-0. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of November 1,1999, Minutes (B) Approval of Renewal Telecommunication Management Services Contract - GMA ($11,500) (C) Approval to Conduct Actuarial Study for Combined Health Insurance Coverage with Cobb County Mayor Pro Tem Hawkins asked Councilman Lnenicka to comment on Consent Agenda items (B) and (C). Councilman Lnenicka stated the renewal of the Telecommunications Management Services Contract with GMA who has represented the city in negotiating franchise applications and fees and contracts for the last four years. Councilman Lnenicka stated they have asked and are proposing to continue that for a fifth year and the city has four or five telecommunications franchises now pending and the GMA fee has not risen during the course of this four-year history. He stated GMA has done an excellent job supporting the city staff and advising the council. Councilman Lnenicka stated the actuarial study for the possible combined health benefit plans is to for the detail work of the possible combination of the city's health insurance plan with Cobb County. Councilman Lnenicka made a motion that the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 6-0. -- November 15, 1999 meeting - continued COMMITTEE REPORTS: Councilwoman Capilouto had no report. Councilman Newcomb asked City Clerk Melinda Dameron to announce the new hours of operation for Court Services and Probation. Ms. Dameron stated the new hours are 7:00 a.m. to 6 p.m. to try to serve the citizens better. - Councilman Newcomb asked Chief Williams for a report from the Fire Department. Chief Williams announced they have home preparedness check list literature available at City Hall, Library and all the fire stations. Chief Williams stated his department has completed the housing and fire inspections of 405 units in their first month. Councilman Lnenicka asked Chief Williams about a letter he had received from the Metro-Atlanta Professional Firefighters Council asking for contributions and if any of those funds would benefit the City of Smyrna. Chief Williams responded no money has ever been received by the Smyrna Fire Department. Councilman Lnenicka read excerpts from a letter from Lt. David Thomas concerning Vinings Forest on Atlanta Road indicating all systems in all existing buildings are up and running and the technician will meet with Lt. Thomas on Wednesday, November 17, to run a test on approval and acceptance from the Fire Marshal's office. Councilman Newcomb asked Chief Williams about the outdoor burn policy for the city. Chief Williams stated the city will allow burning this Saturday, November 20, and that will be the last time burning will be allowed this year unless the weather is terrible and if that happens another date might be considered. He also reminded the citizens trash can not be burned at any time - just leaves, sticks and limbs. Councilman Newcomb stated there is no report from the Police Department this evening. Councilman Scoggins asked Michael Seigler for a report from the Library. Mr. Seigler reported that the library circulated 13,504 items in the month of October; 15,961 patrons visited the library; passed 15,000 cardholders - active people who have signed up within a two- year period; for the sixth consecutive time, there were 50,000 or more sites visited on the Internet. Mr. Seigler reported there are two excellent art exhibits at the library for the month of November - Catherine Rudy, who exhibits under the name of Bondesio, and Don and Thorn Lillie are exhibiting their glass sculptures. .. Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio announced the coming home for Christmas parade and tree lighting ceremony will be November 29 and the millennium fireworks display will be at midnight on December 31. Councilman Scoggins thanked the citizens of Ward 3 for allowing him to serve them for an additional four years and congratulated the other members of council who were reelected. Mayor Pro Tern Hawkins asked Robin Broyles for a report from the Community Development Department. Mr. Broyles reported on the permit numbers for the month of October as follows: estimated construction costs for last year at this time were $89,482,187 compared to this years' figure of $139,869,067; actual building permit costs last year was $322,326 compared to this years' figure of $474,060. Mayor Pro Tern Hawkins asked Scott Stokes for a report from the Public Works Department. Mr. Stokes thanked Councilwoman Capilouto for pushing his department on their program for rapid response to sewage backups. Mr. Stokes reported the city should have the easements this week for Bell Drive from the apartment complex which will allow the sewer main to be installed. He stated the work on Wood Valley is approximately 90% complete. Mr. Stokes reminded the citizens they can rake their leaves to the curb, but not beyond the curb, for the leaf vacuum program and urged them to abide by the city's schedule. ... Mayor Pro Tern Hawkins announced there is no report from the City Engineer this evening. Mayor Pro Tern Hawkins asked Ann Kirk for a report from Keep Smyrna Beautiful. Ms. Kirk announced that citizens can always bag their leaves and put them out at any time and they will be picked up every Wednesday if they do not want to wait for the leaf vacuum truck. Ms. Kirk stated November 15 is the third annual "National America Recycles Day" and a contest was sponsored with all the schools and a pledge card contest and announced Belmont Hills Elementary School made this an entire school contest and won and received a check for $100 for environmental projects for being the first school to submit a certain number of pledge cards. November 15, 1999 meeting - continued Ms. Kirk announced October 23 was the" Adopt a Mile" day and there were 62 volunteers who gave 105 hours and picked up 91 bags of litter in an around the city. Ms. Kirk announced the next adopt a mile day will be January 15, 2000. Ms. Kirk announced the Latin American Association of Cobb County brought twenty volunteers to do two service projects for the City of Smyrna and these were in conjunction with Keep Smyrna Beautiful and the Public Works Department. Ms. Kirk announced there are a few jonquil bulbs available at Burger's Farm Market and the Recycling Center. Mayor Pro Tern Hawkins stated a petition has been received from part of the residents who live on Dunn Street requesting the city to consider a combination of stop signs and/or speed humps on that section of the street. Mr. Hawkins stated he will submit a copy of it to the City Engineer for his comments and hopefully this item will be on the agenda at the next council meeting. .... Councilman Cramer stated the Smyrna First United Methodist Church hosted" An All American Salute" show last Thursday with all the proceeds benefiting the Veterans Memorial Association of Smyrna memorial fund. Councilman Cramer expressed his appreciation to the residents of Ward 5 for reelecting him to serve an additional four-year term. Councilman Lnenicka reminded the citizens of Ward 6 of the meeting this Thursday evening at 7:30 p.m. at city hall to discuss the proposed rezoning on Atlanta Road. Mr. Lnenicka stated the proposal is from Pulte Homes for a 68 or 69 unit subdivision with starting prices of the homes being about $300,000 and the density of about four units per acre. Councilman Lnenicka thanked the American Legion Post 160 for their Veterans Day Ball on Saturday, November 6, and the First Methodist Church for the program they hosted on November 11. Councilman Lnenicka stated there was a very complimentary story in the Marietta Daily Journal highlighting The Heritage at Vinings subdivision and the Atlanta Journal did a story on the City of Smyrna. Councilman Lnenicka thanked the citizens of Ward 6 for allowing him to serve another four-year term. Councilman Wood asked Chris Corey for a report from the Human Resources Department. Mr. Corey announced the job openings for the city. .... Councilman Wood stated the USO show on Veterans Day was an entertaining and informative evening and recognized and generate respect for those who served the country and honored those who did not return from serving their country. Councilman Wood thanked the citizens in Ward 7 for reelecting him to another term. Mayor Pro Tern Hawkins stated additional lights have been installed in the council chamber and asked the citizens to let the city know if the additional lighting and audio equipment has improved the quality of the televised meetings. ADJOURNMENT With no further business, the meeting adjourned at 9:20 p.m. ...., November 15, 1999 meeting - continued /~t/-- A. MAX BACON, MAYOR .6hkril<- AOM'?J~ MELINDA DAMERON, CITY CLERK ... ~ V)CHZ\((l-(, ~a ~ \u'liJ CHARL"ENE CAPILOUTO~ ARD 1 '\~ ~ pJ J / RON NEWCOMB, WARD 2 ~/ll~ ~~ES M. HAWKINS, WARD 4 ~~~ L.-/ACK CRAMER, WARD 5 Jfl4~ ADE S. LNENICKA, A D 6 ~l1ba/~ CHARLES PETE WOOD, WARD 7 .. ...