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February 15, 1999 Council Meeting February 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 A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles, Community Relations Director Maryclaire Andres and representatives of the press. .. Invocation was given by Reverend Richard Hemphill, followed by the pledge to the flag, which was led by Boy Scout Troop 11. Mayor Bacon asked Councilman Newcomb to read a proclamation in honor of Arbor Day. The proclamation was read and presented to Ann Kirk. CITIZENS INPUT: There was none. PUBLIC HEARINGS: Mayor Bacon stated Councilman Hawkins asked that items (C) and (D) be discussed first. Council agreed. See narrative below under Items (C) and (D). (A) Permanent Closure of Quarles Avenue at Intersection with Wills Street and Abandonment of Portion of Quarles A venue Beginning at Intersection of Atlanta Road ... Mr. Smith stated this request is due to the plans submitted by Community Bank of the South to construct their bank at 3016 Atlanta Road. Mr. Smith stated the applicant's plans do not show a curb cut on Atlanta Road and if this is approved will use Quarles A venue for their primary entrance. Mr. Smith stated at one of the community meetings and the suggestions of a number of residents, it was suggested that Quarles Avenue be abandoned and closed in part to protect the residential character of a part of the street and to provide an entrance for the bank and separate the residential and commercial traffic. Mayor Bacon stated this is a public hearing and asked if anyone would like to make any comment concerning the closure of the road. Several persons came forward and were sworn in by City Attorney Chuck Camp. Councilman Hawkins stated the city has received a rezoning request for a bank on Atlanta Road, which is the next item on the Agenda. Mr. Hawkins further explained in that request, the plans for the bank submitted to the Planning and Zoning Board showed the entrance/exit for the bank on Quarles Avenue. Mr. Hawkins stated he was invited to a Homeowners meeting on Wills Street to talk about neighborhood concerns about the impending development and several options were discussed. He indicated several persons in attendance at the meeting felt it would be better to protect the residential property and keep the commercial development from encroaching on the residential area and asked him about closing Wills Street. He stated he suggested to the residents if that was what they wanted, they should circulate a petition and present it to the city council for consideration. Mr. Hawkins stated for the record that the bank has not expressed any desire to close the road and are willing to abide by whatever decision the council reaches on this issue. .. Mayor Bacon recognized Marilyn Pennington, 3058 Lee Street, who stated it was inconceivable to her that the city would think of giving away part of the street and asked if any thought had been given to making Quarles a one-way street going toward Atlanta Road. Councilman Hawkins stated the problem with that was the road would have to be one-way from Atlanta Road toward Lee Street in order for it to benefit the bank and it would force everyone coming from the bank to travel in one direction only creating more traffic toward Lee Street. Ms. Pennington stated she did not believe a neighborhood should be changed to benefit a commercial establishment. Mayor Bacon recognized Jay McClure, 1661 Doncaster Drive, Atlanta, Georgia, representing Community Bank of the South who stated he is also on the Board of Directors. Mr. McClure stated he wanted to reiterate the earlier statement by Mr. Hawkins that the bank did not raise February 15, 1999 meeting - continued the issue of the closure of the road nor did they insist that the road remain open. He stated they are indifferent on the issue and will defer to the City Council on this matter. Mr. McClure stated the property is situated between two commercially zoned properties and the likelihood is that it will one day be zoned commercial, whether for a bank or another commercial or retail use. Mr. McClure stated the road frontage along Atlanta Road is approximately 102 feet and given the fact that it is located at the intersection of Quarles A venue and Atlanta Road a curb cut from Atlanta Road into the site would more than likely present more of a danger to the community. Mr. McClure further stated they feel there is a need to access the bank property from Quarles Avenue and have suggested they will limit the rear access to the bank property to a left turn out onto Quarles so that people leaving the bank site would have to turn left and proceed down to Atlanta Road. Mayor Bacon recognized Paul Kasmar, 3115 Wills Street, who spoke for residents of 35 houses on Wills Street, Quarles Avenue and the Lee Street area. Mr. Kasmar stated he felt the issue is a traffic issue with Quarles Avenue staying open, and its current use as a cut-through street from Atlanta Road to Concord Road, and with the location of the bank and the future plans of the city, he did not feel the traffic would want to wait at the light at the corner and turn down Quarles to enter into their neighborhoods. He further stated that by closing the road their neighborhood would be kept secure from all the outside traffic, would stop the development of commercial properties down the road into their neighborhoods and the support of 35 houses support the closure. Mr. Kasmar presented a petition signed by those persons he represented. ..." Mayor Bacon recognized Joe Morris, 3126 Wills Street, and he stated he wanted to echo the comments made by Mr. Kasmar. Mr. Morris stated he is in support of the bank as opposed to the other types of businesses that could be located there and he supports the closing of Quarles Avenue even though it will be an inconvenience to the residents. Mayor Bacon recognized Milton Williams, 1370 Quarles Avenue, who stated he had a petition he would like to submit to the city. Mr. Williams stated his petition was signed by 38 people who are upset about the proposed closing of Quarles A venue. Mr. Williams stated that when this street is closed, it will place everyone in a bad exit position. Mr. Williams stated he was not opposed to the bank but asked that the residents be allowed to choose their own way out of their neighborhood. ..., Mayor Bacon recognized Paula Weeks, 3099 Lee Street, who asked about the possibility of conducting a traffic study and waiting until the bank had been open for approximately six months before making a decision on closing Quarles Avenue. Mayor Bacon recognized Bidella Williams, 1370 Quarles Avenue, who stated she is not against the bank but is against closing Quarles Avenue. Mayor Bacon recognized Joe Williams, 510 Haywood Circle, Marietta, but stated he is the son of Mr. and Mrs. Williams who had spoken earlier. Mr. Williams asked how much study had been performed concerning a curb cut on Atlanta Road. Mr. Hawkins stated that according to the City Engineer's study of the area there is not enough landmass there to put in a curb cut between Quarles A venue and Concord Road. Mr. Williams expressed his concerns about the traffic in the area but was not opposed to the bank but urged the council not to close Quarles Avenue. Mr. Hawkins stated the whole concept of closing the street is to decrease the traffic on Lee Street. Mr. Hawkins further stated that the traffic in that area will continue to increase whether the bank is located there or not and suggested the possibility of looking at hanging a light at Collier and try to encourage as much traffic as the city can going down Lee Street to Collier going out at a light. Councilman Hawkins asked Mr. Kasmar if the group he represented would be willing to consider a proposal to leave the road open for 6 months, provided they put restrictions on the bank that would require them to build a curb that would force the traffic exiting the bank to turn left. Mr. Kasmar stated the neighborhood would definitely be willing to listen to that proposal but asked if they would have the opportunity to close the street after the six months trial period. Mr. Hawkins stated the residents could always come forward with a petition to close the road. Mr. Kasmar stated he would make a note to his petition but further stated the persons who signed are the immediate neighbors of Wills Street, a few on Quarles A venue and Lee Street. He stated he thought the real issue was to help the neighbors get all the traffic stopped from going down Lee Street and did not see a lot of people not complaining about all the traffic issues. He also said with Quarles Avenue being closed that would stop a lot of that traffic on Lee Street. Mr. Kasmar stated if the neighbors supported that, he would also support .." February 15, 1999 meeting - continued it. Mayor Bacon stated a road could be closed at any time provided you meet certain criteria. Councilman Cramer stated if there is a six-month trial period, he would suggest the trial period begin with the opening date of the bank to determine the traffic flow. Mr. Hawkins stated he feels the persons here tonight want to address the issue now. Mr. Hawkins stated he feels it is in the best long-term interest of the community to close the road. .. Councilman Hawkins made a motion to approve the permanent closure of Quarles Avenue at the point where it intersects Wills Street and abandon that portion of Quarles A venue beginning at the intersection of Atlanta Road and running to a distance approximately 320 feet to the proposed point of closure. Councilman Scoggins seconded the motion. Councilman Lnenicka discussed the possible development of the east side of Atlanta Road and the recent proposed rezoning of the area for a shopping center. Mr. Lnenicka stated Atlanta Road is in a residential corridor and he could not support rezoning that area as General Commercial for that type development. Mr. Lnenicka asked the citizens who were present if they were presented with Option A - a residential development, would they prefer that on the east side of Atlanta Road or Option B - a mixed use development that would have some commercial on the north end of Atlanta Road and the rest of the way down to the Baptist Church all be residential. He then asked for a show of hands which indicated 80 - 90 % would support Option A and 10 - 20 % would support Option B with most of the citizens indicating they would prefer neither if given that choice. Mayor Bacon stated he personally liked the idea of a trial period to determine whether or not to close Quarles Avenue but if the traffic is a separate issue from the building of the bank, he felt it should be addressed as such. Motion to approve the closure of Quarles A venue and abandonment of a portion of Quarles A venue was approved 6-1 with Councilman Lnenicka opposed. (B) Rezoning Request - 3016 Atlanta Road (0.946 Acres) - From R-20 to L.c. Mr. Smith stated the applicants are proposing to rezone the property from R-20 to Limited Commercial for the purpose of building a bank (discussed in narrative above). Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to speak on this rezoning request. Several persons came forward and were sworn in by City Attorney Chuck Camp. ... Mayor Bacon recognized Jay McClure, representing Community Bank of the South. Mr. McClure stated the bank has recently been chartered by the State of Georgia and the FDIC for a community bank and they have chosen this site as the home office. Mr. McClure displayed renderings of the proposed bank and stated there is currently commercial uses on both sides of this property. Mr. McClure stated they propose to construct a two-story bank building on the site and presented the Mayor and council members with notebooks containing renderings of the monument sign as well as front and side elevations of the proposed bank building and a site plan. He further stated the design of the building will be two-story, approximately 8,000 square feet total - 4,000 feet per floor - with four drive-through windows on the rear of the bank. He stated they have tried to situate the building as close to Atlanta Road as they can to minimize the impact on the residential neighborhood to the rear and they have met with Robin Broyles and Mr. Hawkins to discuss design issues to ensure they meet the City of Smyrna's design criteria. He further stated the exterior finishes and so forth will be very similar to the design and exterior finishes the city has used on the city hall complex. He stated the lot is very narrow - has 122 linear feet of frontage on Atlanta Road which will not facilitate a curb cut. He stated they want to be a good neighbor and have discussed the possibility of limiting access out of the bank site onto Quarles A venue to a left turn only and whatever the council may desire to do in the future in that regard if the road closure issue comes up again. Mr. McClure stated the proposed hours of operation for the bank are 9:00 a.m. to 4:00 p.m. on weekdays and 9:00 a.m. - 12:00 Noon on Saturday and closed on Sunday. Councilman Wood asked Mr. McClure if the bank plans to have an A TM on the property and he responded there are plans for an A TM at the rear of the bank where the drive-through lanes are located and will be a drive-through ATM. Councilman Cramer asked Mr. McClure if they had obtained access between the Amoco station and the bank. Mr. McClure stated they have not but it is something they are working on but they have not negotiated any cross-easement agreement with Amoco. Mr. McClure indicated the sign for the bank will be located at the corner of Atlanta Road and Quarles A venue and will be square to the corner. - Mayor Bacon recognized Howard Martin, 3435 Lee Street, who expressed concern that Atlanta Road may become another South Cobb Drive type area and the increased traffic that will result because of a bank. Mr. Hawkins stated he was not aware of any plans to develop commercial property down Atlanta Road and stated it is the desire of this council to keep Atlanta Road as February 15, 1999 meeting - continued non-commercialized as possible. Mayor Bacon stated he would like to go on record as saying he would be opposed to any extension of the Amoco station into a larger convenience-type store but further stated this is a unique piece of property. He stated it is located between two commercial developments now and more than likely something commercial will be built on that site. Councilman Lnenicka stated he would also like to go on record as being in opposition to the expansion of the Amoco. Mayor Bacon recognized Christopher Lannon, 1424 Forest Drive, who expressed his concern about signage along Atlanta Road and the landscaping of the proposed bank. Mr. McClure stated they would be happy to stipulate that the sign they build will be as depicted on the rendering. ...., Councilman Hawkins gave a brief zoning history of the property being discussed - 1316 Atlanta Road and the property adjacent to it. Councilman Hawkins made a motion that the rezoning request at 3016 Atlanta Road (0.946 Acres) from R-20 to L.c. be approved with the following stipulations: 1. There will be a 10' planted buffer area maintained on the west side of the property where it abuts the residential home. 2. All requirements of the Atlanta Road overlay district will be met in regard to building design and materials on the plan that has been submitted. 3. The bank will meet all landscaping requirements of the Atlanta Road Overlay District and will remove only the minimum amount of trees. 4. The sign be built and constructed as presented on the plans submitted for this rezoning request. Councilman Scoggins seconded the motion. Motion was approved 7-0. (C) Rezoning Request - King Springs Road (9.23 Acres) - From R-20 to RAD Conditional Mr. Smith stated MDC Homes is requesting a rezoning for the purpose of developing a 36-10t subdivision on the property R-20 to RAD-Conditional. He stated the site involves slightly over 9 acres and homes would be in the $200,000 and up price range with a minimum square footage of 2,000 square feet and if approved would also require a Land Use Change from Low Density Residential to Medium Density Residential. He further stated this application was heard by the Planning and Zoning Board on January 25, 1999. Mr. Smith stated the city received a letter today from MDC Homes asking that this hearing be postponed until March 15, 1999. ..." Councilman Hawkins stated the request of MDC Homes is to table this request for a month in order to allow them to resolve the sewer issue on the property. He stated at the present time there are no sewer easements to install a sewer line and the developer is hopeful they can work out something to resolve this issue. He further stated over the next several weeks, the City Engineer will be involved with MDC staff and affected residents to see if anything can be worked out. He stated if the property can not be serviced by sewer, there will be no point in zoning the property. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on the rezoning and land use change even though it will be tabled until March 15, 1999. Several persons came forward and were administered the oath by City Attorney Chuck Camp. Mayor Bacon recognized Howard Martin, 3435 Lee Street, who stated he would like to know where the entrance to the proposed subdivision would be. Councilman Hawkins responded the entrance would be from King Springs Road between Concord Road and the first curve - across from Mr. McIntosh's property. Mr. Martin stated he was concerned about the increased traffic and persons using his street as a cut -through to Collier. Mr. Martin stated he was also concerned about the possible increased water flow and the natural spring on the property, the cutting down of trees on the property. Mr. Hawkins stated the developer would have to abide by the ordinances of the City of Smyrna in relation to water retention and tree removal. Mr. Martin stated he was also concerned about the density and was opposed to the plan and stated he planned to attend the March 15 meeting and further stated he hoped the Mayor and Council would take into the consideration the inconvenience the present homeowners will suffer just to .,.", February 15, 1999 meeting - continued accommodate 32 new homes on 9 acres and would vote no when the issue comes back before council. Mayor Bacon stated if the property is developed, the developers will be required to retain the water they create on the property and they will also have to abide by the tree ordinance. Mr. Hildebrandt stated in reference to the retention pond, the developer would be required to detain the flow of the water. Mayor Bacon recognized John Vincent, 3314 Dunn Street, who expressed his opposition to the proposed development and cited aesthetic and environmental reasons and stated he would like to see some type of park on the property. - Mayor Bacon recognized Marilyn Pennington, 3058 Lee Street, who asked if the Legion property were used as a park, would it have to fall within the parameters of a ballpark or could it be developed as another type park. Ms. Pennington asked if the Legion were to move and build another building behind the James Place shopping center, could they acquire the same type license as they currently hold - liquor, for example. Mayor Bacon stated that issue has not been addressed yet. Mayor Bacon recognized Veda Caldwell, 3080 Dunn Street, who stated she was concerned about the growth Smyrna is experiencing and the increased commuting time for residents. Ms. Caldwell encouraged the city to pay close attention to the increased traffic and the condition of the existing roads. Mayor Bacon recognized Brett Wilson, 3390 Lee Street, who expressed his concerns about drainage problems on his property if the proposed development is built. He stated his home is only 12 feet from the natural creek on the property and stated he is concerned about the possibility of having a ditch in his back yard and asked what the city could do for him in terms of erosion on his property. Councilman Hawkins made a motion that the rezoning request for King Springs Road (9.23 Acres) from R-20 to RAD Conditional be tabled to the March 15, 1999, meeting. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Land Use Change - King Springs Road (9.23 Acres) - From Low Density Residential to Medium Density Residential ..., See narrative above. Councilman Hawkins made a motion that the Land Use Change for King Springs Road (9.23 Acres) from Low Density Residential to Medium Density Residential be tabled to the March 15, 1999, meeting. Councilman Scoggins seconded the motion. Mayor Bacon asked if there would be a temporary bank at that location and Mr. McClure stated they had discussed the placement of a temporary facility at the front part of the property. He stated the temporary bank would be placed at the front of the property and the area around it would be paved. Motion was approved 7-0. (E) Variance Request - 4596 Camp Highland Road - Use Flat Roof Design Mayor Bacon stated Items (E) and (F) are related and will be discussed together. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on these two items. No one indicated they wished to address these issues. .. Mr. Smith stated this is a new proposed shopping center at the East/West Connector and South Cobb Drive. Mr. Smith stated the first variance request is to allow a flat roof design due to the design of the shopping center and the type of refrigeration and heating air conditioning equipment that are installed on the roof. Mr. Smith stated the developer is proposing placing a fa~ade to screen the roof equipment which is almost standard in the industry. Mr. Smith stated the second variance request is to increase the free-standing sign square footage on the sign that will be on the East/West Connector and it will actually increase from 75 feet to a proposed 200 feet because of the traffic flow and the distance for sight on the Connector. Councilman Lnenicka recognized the applicant, Mr. Chris May of the Sofran Group, the architect Ken Yokelson, Dan McCampbell, and Mr. B. Walker. Mr. Lnenicka asked Mr. May to explain their plans and why the variance is being requested. Mr. May stated a flat-roof design is standard for most grocery store users in the area. Mr. May stated they are proposing a fa~ade that will resemble, from the road and the sides, a pitched roof which is what the ordinance requires. He further stated this will also serve as a screen for the other rooftop equipment and will provide a pleasing appearance for the center. Mr. May stated this center February 15, 1999 meeting - continued has been modeled after a similar center that was built in 1992. Mr. May indicated the roof material will be forest-green and the brick will be close to the same color used in the downtown buildings; there will be a 2 1/2 foot tall kneewall across the front of the store with the glass storefront extending from there to the ceiling; a canopy will cover 10 feet of the 14-foot sidewalk area. Mr. May stated they do have a signed contract with Publix to locate their store in the center but they do not have the rest of the center leased. Councilman Lnenicka reviewed a list of stipulations with Mr. May and asked if he would be agreeable to those stipulations (listed below): 1. Architectural style of buildings will include design elements of Smyrna's downtown government buildings, including materials and colors used. 2. Design of the buildings and the development will be very similar to drawings and sketches submitted along with samples of building materials to be used. 3. Any contract to sell or lease the marked "out parcels" will include requirements that any buildings erected on those sites must be done in an architectural style and use building materials that match the rest of the development. These plans are subject to approval by the city's Chief Building Official as to conformity in this area. 4. Sidewalls on the two end buildings will be redesigned to incorporate windows, brick designs, canopies or other features designed to soften the appearance of these highly visible walls. The redesign is subject to approval by the city's Chief Building Official. 5. A building cap will be designed and added to the proposed Publix building that is similar to ones used in the downtown Smyrna government complex buildings. -- Mr. May stated he agreed to all the above listed stipulations. Councilman Lnenicka made a motion that Item 3-E the variance request at 4596 Camp Highland Road - approval to use a flat roof be approved with the above listed stipulations. Councilman Hawkins seconded the motion. Motion was approved 7-0. (F) Variance Request - 4596 Camp Highland Road - Increase Free-standing Monument Sign Square Footage from 75 Feet to 150 Feet 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 stated he and Mr. May have discussed the sign size and location and it is his understanding that Mr. May is agreeable to not request a variance on the sign located on the South Cobb Drive entrance. Mr. May stated that was correct. Mr. Lnenicka asked Mr. May to explain what he is requesting and why. Mr. May stated basically due to the speed and the traffic flow that is on the East-West Connector they feel that all the exposure they can get is very helpful not to mention the fact that they have no real access off the East-West Connector into the center. He further stated access to the center is off Gaylor Street. He stated they have agreed the sign will be built entirely out of brick similar to what is used on the building and the tenant signs will be individually scripted letters attached to the face of the brick. Mr. Lnenicka thanked Mr. May for his cooperation in working with the city. Mr. Lnenicka reviewed six proposed stipulations for the variance and asked Mr. May if he would be agreeable to the stipulations listed below. 1. The design will be similar to the style submitted with brick design. 2. The sign will be accented as appropriate with flowers and landscaping. 3. Streetscape landscaping will be done in accordance with city ordinance criteria and is subject to approval by the city's Chief Building Official. Jonquils will be included. The developer will consider the use of a low berm (or landscaping) to hide the parked cars. 4. The parking lot will include landscaped islands with trees as per the most recent design submitted and is subject to approval by the city's Chief Building Official. 5. Wall-mounted individual tenant signs will be of a common style using individual letters which may be internally illuminated. 6. Parking lot night illumination will be designed at an average level of 5-foot candles. ..." Mr. May agreed to the above stipulations. Councilman Lnenicka made a motion to approve Item 3-F the variance request at 4596 Camp Highland Road to increase the free-standing monument sign square footage from 75 feet to 200 feet with the above listed stipulations. Councilman Cramer seconded the motion. Motion was approved 7-0. February 15, 1999 meeting - continued (G) Zoning Amendment - King Valley Drive (87.5 Acres) - Eliminate Proposed Connection to Reed Road Mr. Smith stated the applicant, Poston Properties, is requesting the amendment to their original plan to eliminate the proposed connection to Reed Road from their King Valley subdivision. He further stated it is the applicant's position that installation of this entrance would require encroachment into adjoining properties and they are requesting to be allowed to eliminate this additional entrance into the subdivision. Mayor Bacon stated this is a public hearing and asked if anyone was present who would like to make any public comment regarding this issue. Several persons came forward and were sworn in by City Attorney Chuck Camp. -- Councilman Wood recognized Mr. Cliff Poston, representing Poston Properties, and asked him to explain why the zoning amendment is being requested. Mr. Poston stated when they purchased the property in 1996 it was zoned PRD through the County and there was an existing City of Smyrna right-of-way coming off Reed Road that was going to give access to the property. He stated at that time they did some very preliminary engineering work in order to get the project in for zoning. He further stated as they have come through the development, they are doing the engineering phase by phase and as they began to do the engineering work on Phase 3 the issue of how this road was going to be came up and the engineer called him and told him it would not work and it would create a hazard for the residents; would create problems for the adjoining property owners and have an adverse effect on their property value. He stated they have reviewed the plan with City Engineer Ken Hildebrandt and Mr. Hildebrandt agreed with them that the best thing to do was to come back and eliminate the road. Mr. Poston stated there is an item listed in the consent agenda which deals with the advertising and the abandonment of the right of way. Councilman Wood stated this request is for a zoning amendment and they will not be adding any lots but will be reconfiguration of that section of the subdivision that was designed to accommodate this proposed road into Reed Road. Mr. Poston responded that was correct. Mr. Wood stated there will be no increased density of the houses, no change other than to accommodate the requested change if approved. Mr. Wood stated he would like to hear from the residents who were present. .., Mayor Bacon recognized Pete Harper, 1014 Queens Gate Drive, who stated he is not against the change in the plan but wondered about the flow of traffic out of the subdivision as it all feeds onto King Valley Drive and the flow of traffic that will pass the elementary school. Mr. Harper stated if this is road is closed and the only exit out of the subdivision is onto King Valley Drive he would like to request that the first intersection (Queensgate and Queensgate Drive) be turned into a 4-way stop. Mayor Bacon recognized Carolyn March Long, 5055 River Valley Drive, who stated they were pleased the developer was not going to have the road come through on Reed Road. Ms. Long asked about what is planned in the area behind their property as there is a very deep chasm there as well as an abundance of large hardwood trees. Ms. Long stated she is also concerned about the animals that would be affected. Mayor Bacon stated the plans are on file with the city and the city would be happy to provide her with a copy of the plans. Mr. Wood stated in reference to the tree removal, the city does have a tree replacement policy in place but further stated the plan has actually already been zoned and in fact was done by Cobb County before the property was annexed into the city. -- Councilman Wood asked City Engineer Ken Hildebrandt to explain his position on the proposed elimination of the road. Mr. Hildebrandt stated he felt the entrance on King Valley would be safer and further stated if more traffic is brought on to Reed Road you would have higher speed and volume and it would be safer to bring them out on King Valley. Mr. Hildebrandt stated there is a hardship if the road is constructed there because it would require about a 20-foot cut which would severely impact the adjacent properties and require the cutting down of a lot of trees. Mr. Hildebrandt stated sight distance is not really a problem on Reed Road but the speed is very much a concern. Mr. Wood asked Mr. Hildebrandt to look at the request to have a 4- way stop sign installed at the first intersection in the development and make a recommendation back to the Mayor and council. Councilman Wood made a motion that the zoning amendment request by Poston Properties to amend the zoning of approximately 87.5 acres on King Valley Drive be approved and further stated this involves the reconfiguration of the lots and the elimination of the proposed roadway onto Reed Road. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Newcomb was away from the podium at the time of the vote. February 15, 1999 meeting - continued (H) Variance Request - Papa John's Pizza - 2697 Spring Road - Use of Non-earth Tone Colors Mr. Smith stated the Spring Road Corridor Overlay District requires the use of earth tone colors on the exterior of buildings and Papa John's Corporation is requesting a variance due to a hardship to incorporate that their corporate colors be used in the awning that will be on the exterior of the building. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any comment on this issue. There were no comments. Councilwoman Capilouto asked Pam Pelan, 3595 Lassiter Road, Marietta, who was present to represent Papa John's Corporation, to explain why the variance is being requested. Ms. Pelan stated she is requesting the variance to the Spring Road Urban Design Guidelines and specifically they are asking approval to use Papa John's corporate colors on an awning that they propose to install. She stated this location is in the process of converting from a regular store to a 5,700 square foot training facility and district office. Ms. Pelan stated as a flagship site for the corporation they feel it is important for them to be able to use their corporate identity colors at this location as well as the colors of their registered trademark. Ms. Pelan stated there are currently four separate awnings on the building which they propose to remove and replace them with a single, new awning similar to a rendering she displayed. Ms. Pelan stated there will be no increase in the awning-covered area but instead will have the look of a single new awning on the building. Ms. Pelan stated the Papa John's wall sign and awning with graphics have already been removed but will be replaced with a new wall sign just above the entrance door to the building and this meets all required guidelines for the district. Ms. Pelan stated they feel the proposed improvements to the building will dramatically enhance the appearance of the building and they are requesting approval as it is critical to this district office they be allowed to display the corporate colors. ..., Councilwoman Capilouto stated she was not aware there would be any changes to the sign and Ms. Pelan stated the sign issue had already been handled and the new sign properly permitted as it meets all district guidelines. Ms. Pelan presented Ms. Capilouto a rendering of the new sign, which is 48 square feet, and meets the ordinance requirements. Councilwoman Capilouto made a motion that the variance request for Papa John's Pizza at 2697 Spring Road to use non-earth tone colors be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. ... FORMAL BUSINESS: (A) Appointment to Smyrna Hospital Authority - Ward 3 Councilman Scoggins stated Peggy Hause, the Ward 3 representative on the Smyrna Hospital Authority has moved out of the city creating a vacancy. Councilman Scoggins made a motion to approve Nelda Cairns, 2959 Lexington Trace, to fill the unexpired term of Ms. Hause as the Ward 3 representative on the Smyrna Hospital Authority. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Validate Petition to Annex Property - 4960 and 4956 Argo Road (11.07 Acres) - Land Lots 608 and 617, 17th District, 2nd Section, Cobb County, Georgia Councilman Wood made a motion that the petition for annexation of the below described property be validated and set a public hearing date of March 15, 1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Legal Description: All that tract of land lying and being in Land Lots 608 & 617 of the 17th District, 2nd Section of Cobb County, Georgia, containing 11.7 acres +, being known as 4960 Argo Road and 4956 Argo Road and being more fully described as follows: """'" Beginning at the common corner of Land Lots 607, 608, 617 & 618, said point being the point of beginning; thence proceeding N 89 degrees 37 minutes 51 seconds East a distance of 542.01 feet to a point; thence proceeding S 05 degrees 51 minutes 18 seconds West a distance of 11.4 feet to a point; thence proceeding South 80 degrees 16 minutes 38 seconds East a distance of 188.83 feet to a point, said point intersecting at the westerly right of way of Argo Road, thence February 15, 1999 meeting - continued proceeding South 39 degrees 16 minutes 52 seconds West along Argo Road a distance of 349.24 feet to a point; thence proceeding South 36 degrees 01 minutes 47 seconds West along Argo Road a distance of 89.16 feet to a point, thence proceeding South 37 degrees 40 minutes 48 seconds West along Argo Road a distance of 157.6 feet to a point; thence proceeding South 25 degrees 39 minutes 51 seconds West along Argo Road a distance of 92.99 feet to a point; thence proceeding South 12 degrees 35 minutes 40 seconds West along Argo Road a distance of 144.73 feet to a point; thence proceeding South 21 degrees 44 minutes 57 seconds West along Argo Road a distance of 106.91 feet to a point; thence proceeding South 30 degrees 54 minutes 14 seconds West along Argo Road a distance of 225.71 feet to a point; thence proceeding North 87 degrees 49 minutes 25 seconds West a distance of 138.87 feet to a point; thence proceeding North 00 degrees 38 minutes 37 seconds East along the westerly side of Land Lot 617 a distance of 538.85 feet to a point; thence proceeding North 01 degree 16 minutes 38 seconds East along the westerly side of Land Lot 617 a distance of 148 feet to a point; thence 88 degrees 47 minutes 27 seconds West a distance of 150 feet to a point; thence proceeding North 13 degrees 37 minutes 24 seconds East a distance of 442.72 feet to a point; thence proceeding North 89 degrees 38 minutes 28 seconds East a distance of 55.36 feet to a point; said point being the point of beginning. ... *(C) Appointment to the Planning and Zoning Board - Ward 2 *Councilman Newcomb made a motion to suspend the rules for the purpose of adding Item (C) to the Formal Business section of the meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. Councilman Newcomb made a motion that Andrea Blustein be approved to serve as the Ward 2 appointment to the Planning and Zoning Board. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. ... BID AWARDS: (A) Bid A ward (Bid #99002) - Excavation and Removal of Asphalt at Cobb Center Park Councilman Scoggins stated bids were mailed to twelve contractors and eight responses were returned. He stated Brasfield Grading and Hauling of Smyrna was the low bidder meeting specifications. Councilman Scoggins made a motion that the bid for the excavation and removal of asphalt at Cobb Center Park be awarded to Brasfield Grading and Hauling for a total cost of $40,335. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid A ward (Bid #98085) - Copier for Detective Division - Police Department Councilman Newcomb stated the Detective Division has tested multiple copiers over the past several months, reviewed all the bids and selected the Ricoh A401 copier at a cost of $9,985 to be purchased from Ikon Office Solutions. Councilman Newcomb made a motion that the bid for the copier for the Detective Division be awarded to Ikon Office Solutions for a Ricoh A401 copier at a total cost of $9,985. Councilman Cramer seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) (B) ... (C) (D) (E) (F) (G) (H) Approval of February 1, 1999, Minutes Approval of Budget Adjustment - Human Resources Department Approval to Purchase SOKKIA Total Measuring Station - Police Department Approval to Use Council Chamber - February 23, 1999 - 7 - 9:00 p.m.- DDA, DDA Task Force, Residents of Village Green Meeting Approval to Request Bids - Awning to be installed over Rear Doors of Garage Approval to Advertise for Right-of-way Abandonment - Unnamed Street Intersecting Reed Road Approval to Advertise for Right-of-way Abandonment - Camp Highland Road Between Gaylor Street and South Cobb Drive and the Northern End of Lake Road Approval to Install "No Parking" Signs on North Cooper Lake Road at Intersection with Derby Lane February 15, 1999 meeting - continued Councilman Lnenicka made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood asked Chris Corey for a report from the Human Resources Department. Mr. Corey announced the current job openings for the City of Smyrna. Mayor Bacon wished Mr. Corey a Happy Birthday. Councilman Lnenicka reminded everyone that the Heritage at Vinings Subdivision is having their re-opening and dedication of the historic Guernsey Jug building this Sunday. ..., Councilman Lnenicka stated there is no report from the Finance Department this evening but announced the budget process is about to begin. Councilman Lnenicka then commented about the recent newspaper article concerning America On Line and comments quoted in the article. Mr. Lnenicka stated the City of Smyrna would be very pleased to have AOL locate their facility in Smyrna. Councilman Cramer stated that the signs on Hickory Acres and Old Concord and Powder Springs Road should be taken care of this weekend. Mayor Bacon recognized Judy Hawkins who has been in attendance for the entire meeting. Councilman Hawkins asked Nancy Hancock to come forward. Ms. Hancock displayed two historical markers that will be placed in the Smyrna Memorial Cemetery. The markers were in honor of John C. Moore, Smyrna's first mayor, and Maize Whitfield Nelson. Ms. Hancock stated there will be a workday in the cemetery on March 27 if the weather permits. Councilman Hawkins commended Ms. Hancock and her committee for all their hard work. Councilman Hawkins asked Ann Kirk for a report from the Keep Smyrna Beautiful Department. Ms. Kirk thanked the Boy Scout Troop II for leading the pledge of allegiance this evening and for their assistance in the recent planting of almost 2,800 jonquil bulbs over the last two weeks. Ms. Kirk also expressed her appreciation to Mr. and Mrs. Brissey for their assistance during the planting of these bulbs. ..... Ms. Kirk reported that for the month of January, the citizens of Smyrna recycled 109 tons saving the city $3,268 in tipping fees and stated this was for the curbside program and the participation rate was 73 %. Ms. Kirk reported that Keep Smyrna Beautiful won the Department of Community Affairs' first place in the State award for their affiliate efforts this past year and this is in addition to the city's "Reduce, Reuse, Recycle" first place award. Councilman Hawkins stated there are no reports from the City Engineer, Public Works or Community Development Department this evening. Councilman Scoggins asked Maryclaire Andres for a report from the Community Relations Department. Ms. Andres reported that the special events brochures are now complete and available at the Community Center, Library and City Hall. Ms. Andres reported on the upcoming events including the Miss Jonquil Pageant on February 28; Smyrna's First Night of Comedy on March 26 and announced there are only 400 tickets available for this event; Jonquil Festival and Jonquil City Jog on April 24 and 25. Councilman Scoggins asked Michael Seigler for a report from the Library. Mr. Seigler announced that March 2 is "Read Across America Day" and the library will be having special programs that day. Mr. Seigler reported the Library has been chosen as a test site for Smyrna Cable's new modem access and there will be a demonstration on March 6. ..., Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio reported the State's Special Olympics pre-test for basketball will be at the Community Center on March 19; Tuesday, February 16, the Cobb Chamber will be hosting a tabletop exhibition with 50 booths at the Community Center; individual and teams interested in softball registration are encouraged to visit the Community Center on Tuesday evening, February 16. Mr. Ciaccio announced the Georgia State Twirl Championships will be February 15, 1999 meeting - continued held at the Community Center on March 6 and Campbell High School Faculty nominated and awarded Lee Cook with their annual Community A ward. Councilman Scoggins asked Mr. Ciaccio if the removal of the asphalt at Cobb Center Park is the first major undertaking at the park location. Mr. Ciaccio responded that was correct and indicated he was not sure of the date the work would actually begin. Councilman Newcomb stated there are no reports from Court Services, Police Department or Fire Department this evening. Councilman Newcomb asked Ken Hildebrandt when the County plans to start planting on Spring Road. Mr. Hildebrandt indicated the County has informed him the work will be completed by March 15, 1999. -- Councilwoman Capilouto had no report this evening. Howard Smith wished Patty Bacon a speedy recovery from her recent accident. Mayor Bacon stated Patty fell down the steps and injured her back and will be recovering over the next several weeks. ADJOURNMENT With no further business, the meeting adjourned at 10:53 p.m. J?~ A.MAXBACON,MAYOR at tlirrllA- 1{Ji1r1~11 MELI A DAMERON, CITY CLERK .~~j~ RON NEWCOMB, WARD 2 CHARLENE CAPILOUTO, WARD 1 ... J' '/ d/ // ~ f!/ /~~ /// I ~)/. /" BILL SCOGGINS, WAR I)' ~Ekl~ ~ .....