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January 16, 1996 Council Meeting Januarv 16. 1996 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 Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. __ Invocation was given by Reverend Gary Ellison, pastor of Calvary Baptist Church, followed by the pledge to the flag. ... ... CITIZENS INPUT: Mayor Bacon recognized Chief Stan Hook. Chief Hook presented Captain David Farmer with a statue in recognition of his thirty years service with the City. Mayor Bacon recognized Betty Turley. Ms. Turley stated the American Legion Women's Auxiliary is proud to be participating in the Hug-a-Bear campaign in conjunction with the Police Department. Ms. Turley further stated the Auxiliary presented 90 bears to the Police Department before Christmas and plan to purchase more bears for the Police Department's use. Ms. Turley indicated the bears are given to children who may be involved in domestic situations and the bears provide a level of comfort to the children. PUBLIC HEARINGS: (A) Variance Request - 3536 Atlanta Road - Reduce Required Number of Parking Spaces Mr. Robert Preston with Branch Development represented CVS Pharmacy in their request for a pharmacy to be constructed at the intersection of Atlanta Road and Ridge Road. There was no opposition to the variance request. Mr. Preston presented a proposed site plan and stated they have the land under contract for purchase. This is a 10,000 square foot drug store and since this is a prototype structure they felt they could not reduce the size further. There is a significant grade differential on the rear of the lot with about a 35 to 40 foot elevation which makes approximately .4 acres of the land unusable. Mr. Preston said for that reason, they could not meet the parking requirements and asked that they be allowed to reduce the number from 55 to 46 spaces. The drug store will have a drive through, and they feel the parking will be adequate since the average stay per customer is only about 10 minutes. Mr. Preston said he understood there were some concerns about the curb cut on Ridge Road and would also like to address some of those. Their plans indicate one curb cut on Atlanta Road but the Cobb County Department of Transportation has denied use of this curb cut for left turns out; therefore they must have the curb cut on Ridge Road. The curb cut on Ridge Road will allow left and right hand turns but will also have a raised concrete island at the intersection to prevent cars that are in the deceleration lane from continuing on to the traffic light at Ridge/Atlanta Roads. This curb cut meets the site distance requirements of both the City and County. Mr. Preston said he also understood there was a city ordinance prohibiting truck traffic on Ridge Road and they were proposing that all deliveries be made from Atlanta Road and then exit from Ridge Road back onto Atlanta Road. Mr. Preston said they would like to address all concerns regarding the truck traffic and curb cuts and would be willing to consider restrictive covenants on the property. Councilman Lnenicka asked about the current use of the site. Mr. Preston said there is currently an old building which is under demolition order by the City. This was previously a landscaping company but has been vacant for several years. CVS Pharmacy is prominent in the northeast and they are moving into the southeast. This building will be a traditional brick structure with a shingled hip roof. Signs will be in conformance with the City ordinance. Councilman Lnenicka asked about the grade at the back of the building. Mr. Preston aid they would landscape this area but could not plant tall trees because of the sight distance requirements. They would, however, use a ground cover to help stabilize the area. Landscape plans are being developed and will be submitted when they are complete. Councilman Lnenicka asked what they would do to screen residential property behind this site. Mr. Preston said the same person owns the property to the rear which is zoned commercial and he thought they had some plans for a commercial development. Councilman Lnenicka asked if the driveway around the building would be for one or two- way traffic. Mr. Preston said the plans indicate one way traffic but in order to handle truck traffic it will be probably be used both ways. During busy times, there should be sufficient room to stack 15 to 20 cars January 16, 1996 meeting: - continued around the back of the building. Mr. Preston said the delivery trucks would probably be 40 to 45 foot in size and after the company becomes established in this region they want to build a local distribution center so that delivery schedules could be increased and eliminate the need for larger delivery trucks. Councilman Lnenicka said he now gets complaints from residents about trucks using residential streets and asked how he could prevent that from happening on Ridge Road. Mr. Preston said he was not as familiar with the local geographic area as Mr. Lnenicka but assured him that it was not their intention to use Ridge Road and it would really make no sense to do so since the most direct route would be from 1-285 to Paces Ferry Road onto Atlanta Road and there was no incentive for the drivers to take any other route. Deliveries will probably be made twice weekly, either early morning or late evening rather than during peak traffic hours. Councilman Lnenicka asked how they could enforce turning requirements with signage. Mr. Preston said if needed, they could install street marking devices to prevent cars from using certain lanes and they would certainly be willing to do that. Councilman Lnenicka said he could not understand why Cobb County would allow left turns into the development but prohibit left turns leaving, and also questioned their authority to make those decisions. Mr. Preston said he had discussed this matter at length with Cobb County DOT and also did not understand their reasons for restricting this curb cut. Councilman Scoggins said he could perceive problems with the deceleration lane because it is in a sharp curve and goes right into the concrete island and thought with the close proximity to Atlanta Road, would cause a bottleneck in traffic. Mr. Preston said the deceleration lane would be used exclusively for the pharmacy and will not allow cars to continue to the traffic light. ..... Councilman Hawkins asked Mr. Preston to restate his need for the variance and said he did not understand what effect the deceleration lane had on the number of parking spaces. Mr. Preston said the curb cut actually had nothing to do with the variance being requested but he knew there were some concerns and wanted to address those. Mr. Preston said the variance was an absolute requirement of CVS and without it, they would walk away from the project. Mayor Bacon said he thought everyone wanted to see this site developed but there were come legitimate concerns about the curb cut on Ridge Road. Councilman Lnenicka said that the reason for the variance is that under this site plan they can only get 47 parking spaces and without the proposed curb cut on Ridge, they still may not meet the number of spaces required by our code, but certainly could add several more spaces. For that reason, the variance ...... is tied directly to the site plan and curb cut. Councilman Lnenicka called City Engineer Ken Hildebrandt forward and asked if Cobb County should be the controlling authority regarding the curb cut on Atlanta Road. Mr. Hildebrandt said that normally if the site is in the City then we would make that decision. Further, he would have no problem with left turns out onto Atlanta Road but had never been consulted regarding this particular curb cut. After further discussion, Councilman Lnenicka said he felt we had a proposal tonight with a lot of questions and no answers. For council to approve this variance requires that they take the developer on good faith that they can resolve some of these issues. Councilman Lnenicka said he personally had some safety concerns regarding the site distance and also wanted our City Engineer to have more time to review the plans and make his recommendation. Mr. Lnenicka said he had no problem with the concept of the development but was not willing to sacrifice safety of those traveling Ridge Road. For those reasons, Councilman Lnenicka made a motion the variance be tabled to the February 5, 1996 meeting. Councilman Hawkins seconded the motion which carried 7-0. Councilman Lnenicka said he would also meet Thursday night at City Hall at 7:30 p.m. to discuss this issue with Mr. Preston and asked that the City Engineer and Building Inspector also be present for that meeting. (B) Variance Request - Corner of Curtiss Drive and Cumberland Circle - Reduce Required Number of Parking Spaces Attorney Garvis Sams represented Ultima Holdings in their request for a variance to reduce the required parking spaces for this new development at Curtiss Drive and Cumberland Circle. There was no opposition. ...... Mr. Sams stated that Steve Maxey with Ultimate Holdings was also present to answer any questions. Mr. Sams said they were here in September for the rezoning ofthis 7.2 acre site for Shoney's Suites and this 3.78 acre site was zoned General Commercial for retail and restaurants. Tenant contracts have already been signed and Mr. Sams said that after re-examining their site plans they have determined that the actual reduction in parking spaces they will need is 48 rather than 51 as indicated on the original application. The two larger spaces will be leased to Carrabbas, an Italian restaurant/grill, and also to an Applebees franchisee for a new restaurant called Apple Jam, Inc. Mr. Sams said their hardship comes January 16. 1996 meeting - continued from the challenge of the topography of the site along with double road frontages. Also, Cobb County has taken some of their property for road right of way improvements. Mr. Sams said they expect the entire development to be very successful and Shoney's is already booked for the Olympics. Mr. Maxey said they have primarily focused on securing their anchor tenants but do have others signed, including a dry cleaners and another that they could not divulge until a press release is prepared. . .... Mr. Camp asked if they had a cross parking easement from the hotel. Mr. Maxey said they do not but they do have a driveway easement and expect that some of the employees from the retail sites will be using spaces from the hotel. Councilwoman Charlene Capilouto made a motion the variance request, to reduce the number of required parking spaces to 223 from 271 be approved. Councilman Ron Newcomb seconded the motion which carried 7-0. (C) Second Reading - Ordinance Amendment - Satellite Dish Ordinance - Appendix 1, Section 501.14 Councilman Newcomb stated this is the required second reading of the proposed ordinance amendment and the ordinance has been properly advertised. He then made a motion the ordinance amendment (reprinted below) be approved. Councilwoman Capilouto seconded the motion. Motion was approved 7-0. 501.14 A direct Satellite System, DSS, including any structural supports is permitted as a conditional use, provided the following requirements are complied with: 1. A DSS Antenna is only permitted as an accessory use on a lot that contains a principal structure. 2. A DSS Antenna is only permitted in the rear yard or attached to the rear wall or rear roof of a principal structure. .. 3. A DSS Antenna shall not have a radius larger than 18 inches in a residential district and 36 inches in a commercial district. 4. There shall be only one DSS Antenna per building or one DSS per tenant of a multiple tenant building. 5. The DSS Antenna shall not exceed four (4) feet vertically or horizontally from its mounting point for residential applications and shall not exceed seven (7) feet vertically or horizontally from its mounting point for commercial applications. 6. The DSS Antenna shall be of a color that will blend into its surroundings. 7. A rear roof of a structure is defined as any portio of a roof from the peak or ridge point sloped toward the rear building set back line and which plane can not be seen from the street adjacent to the front yard set back line or side yard set back line in the case of a corner lot. 8. A rear wall of a structure is defined as the plane of a structure facing the rear building setback line and to the front yard set back line or side yard set back line in the case of a corner lot. (0) Rezoning Request - Cooper Lake Road and North Cooper Lake Road From 0.1. and L.1. to RM-12 Condo's .. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. Several residents came forward and were sworn in. Mr. Eric Edee was present to represent Westwood Development Company. Councilman Wood asked Mr. Edee to briefly describe his plans for the property. Mr. Edee stated this is a 32 acre site and they were asking for approval to develop 12 units per acre, or 384 units. The property is currently zoned Office/Institutional and Light Industry. Januarv 16. 1996 meeting - continued Councilman Lnenicka asked if this site could be developed at a lower density. Mr. Edee said he believed it could, but the problem with a single family arrangement is the 45 degree slope of the land and this plan will allow them to utilize that slope. This would be a mix of one, two and three bedroom units selling in the price range of $95,000 to $120,000. The unit mix would probably be 60% two bedroom, with 20% one bedroom and the other 20% three bedroom units. This would be a family oriented community with the exterior construction of a combination of brick and stacked stone, traditional or Williamsburg in style. Mr. Edee said he was asking tonight that council work with him on the density and would like to use this forum for reasonable suggestions that might work. Mr. Edee said that Westwood Properties would develop this site. .... Councilman Cramer asked if they had considered the impact of 800 additional cars on Cooper Lake Road. Mr. Edee said they plan to use the East/West Connector and felt they could get approval for right/in right out turns from that roadway. Councilman Lnenicka asked how many units they plan to develop. One document states 384 units, another calls for 369 units and the cover sheet in their packet tonight calls for 326 units. Mr. Edee said the original applications called for a number based on the estimated acreage but a more recent survey reduced the number of units. They are asking for 12 units per acre based on the actual acreage. Councilman Wood said the transportation issue has been opened and read a letter from the Cobb County Department of Transportation expressing concerns about impact of this development on Cooper Lake Road which is scheduled for shoulder and widening improvements. Because of limited site distance in some areas, he was also concerned with safety of motorists and the potential for rear end accidents would be increased because of the grade. Mayor Bacon asked to hear from the opposition. Speaking in opposition to the zoning were Bill Ruth of Stoneybrook Subdivision; Bob Poole of Stoneybrook Subdivision; Tom Field of Parkland Place Subdivision; Valerie Stryker of Cooper Lake Road; Paul Susko of Shannon Green Subdivision; Shirley Ruth of Stoneybrook Subdivision; James Welch of Stoneybrook Subdivision; Jack Booker of Stoneybrook Subdivision; Bill Dodgen of Mableton; Doug Spivey of Stoneybrook Subdivision; and Jim Stratton of Shannon Green Subdivision. All of those speaking in opposition cited quality of life issues including increased traffic, degradation of surrounding property values and increased crime. .... Joel Harrell with Norfolk Southern Railroad spoke as a resident and representative of Norfolk Southern. Mr. Harrell said this property is bounded on one side by the railroad tracks and another by the East/West Connector. There is also a grade crossing at Cooper Lake Road abutting this site which requires that trains sound their horn when approaching. Mr. Harrell said he could anticipate complaints from residents about the noise from trains as well as noise from the East/West Connector. Also, this is the busiest track that Norfolk has in the United States or Canada. There has been some discussion about eliminating the grade crossing but there is no way of determining when that might occur. From a safety standpoint, this property is on the outside of a curve in the track and simple physics tells you that if a train derailed, the centrifugal force would probably carry it into some of the units. To minimize some of these concerns, Mr. Harrell said they were suggesting a minimum 100 foot undisturbed right of way at this site. From a business standpoint, they feel that the existing zoning is a better use of the property because it could possibly be developed as a rail served industrial site. If it is rezoned to residential, they would prefer a lesser density and buffer. Councilman Wood said he also had a letter from Wieland Homes requesting that this zoning be denied, citing the negative impact it would have on the area. Mr. Edee said he knew there wold be noise problems and problem with the topography but was asking for suggestions on a reasonable use and would be willing to work with the city on the density. Mr. Edee said he was open to any other suggested use but did not think that industrial development would be the best use of the property. ...." Councilman Wood stated that property to the north, south and west is zoned R-15 and to the east is Light Industrial. Section 1508 outlines the criteria that should be considered with any zoning change as follows: 1. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. 2. Whether the zoning proposal or the use proposed will adversely affect the existing use or usability of adjacent or nearby property. Januarv 16. 1996 meeting - continued 3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. 4. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. 5. Whether the zoning proposal is in conformity with the policy and intent of the land use plan. .. 6. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal. 7. Whether the development of the property under the zoning proposal will conform to, be a detriment to or enhance the architectural standards, open space requirements and aesthetics of the general neighborhood, considering the current, historical and planned uses in the area. 8. Under any proposed zoning classification, whether the use proposed may create a nuisance or is incompatible with existing uses in the area. 9. Whether due to the size of the proposed use,in either land area or building height, the proposed use would affect the adjoining property, general neighborhood and other uses in the area positively or negatively. ... Councilman Wood stated that based on testimony heard tonight, he did not feel that this request met the criteria and also did not feel that residential was the best use of the property. The Planning and Zoning Board recommended that the zoning be denied and Councilman Wood made a motion the zoning be denied. Councilman Scoggins seconded the motion. Councilman Newcomb said that in March 1994 we began a density study and from that study we have learned that Smyrna is one of the most densely populated areas in the metro area. The study also helped us realize the harm that comes from having areas that are too densely populated. As a result of that study, we implemented an apartment moratorium to further determine the long range affects of high density developments. Councilman Newcomb said he did not think this zoning was appropriate for the area and would support the motion. Vote on the motion to deny the zoning carried 7-0. Mayor Bacon called for a 10 minute recess. (E) Land Use Change Request - Cooper Lake Road and North Cooper Lake From Industrial Compatible and Medium Density to High Density Residential Councilman Wood stated no land use change is necessary as the previous rezoning request was denied. (F) Rezoning Request - 1.55 Acres - North Cooper Lake Road and Cooper Lake Road From R-20 Residential to 0.1. (Office Institutional) Mr. Gary Eubanks requested this zoning change for construction of an office building. There was no opposition to the zoning. ... Mr. Eubanks presented a proposed site plan and stated this was originally about a 3.5 acre site. Cobb County required about one-half of the site for development of the East/West Connector. This is an odd shaped lot, also bounded by Cooper Lake and North Cooper Lake Road. The location and configuration of the lot does not make it suitable for residential development and they are proposing an 0&1 zoning which would be the most feasible use. Ingress/egress to this property would be from Cooper Lake Road and North Cooper Lake Road but curb cuts from the East/West Connector are not possible. Mr. Eubanks said he would develop this site himself but did not know who would lease the building. Mr. Eubanks said he thought the area would be suitable for a professional office; i.e., lawyer, but it would definitely be a use compatible with the ordinance. Councilman Wood said they would also want plans submitted and approved prior to development to ensure that the building blends with the neighborhood. Mr. Eubanks said they would be happy to submit plans including landscaping. Councilman Lnenicka said he would prefer to hold off on the zoning until a specific use has been determined. Mr. Eubanks said by the same token, he did not want to invest a Januarv 16. 1996 meeting - continued considerable amount of money in developing the site without knowing first if the use will be feasible. Mr. Eubanks said he would not object to stipulations on the zoning to address some of the concerns raised tonight and could understand some of the concerns since this is an area that is predominantly residential After further discussion Councilman Wood made a motion the zoning be approved subject to the approval of building plans by the City. Councilman Hawkins seconded the motion. Mr. Camp suggested that the motion also include those concessions made earlier by Mr. Eubanks. Councilman Wood then amended his motion to approve the rezoning subject to approval of the building plans and that the structure be a one story brick with sloping roof, landscaping similar to the landscape buffer requirements required by the ordinance, with signs no more than 6 feet in height. Councilman Hawkins seconded the amended ...... motion which carried 6-1, with Wade Lnenicka opposed. (G) Land Use Change Request - North Cooper Lake Road and Cooper Lake Road - From Low Density Residential to Community Activity Center Councilman Wood said he realized that council had agreed to make land use changes in conjunction with rezonings but was not comfortable with the definition of Community Activity Center. Mr. Wood made a motion this item be tabled to a future meeting until he was prepared to recommend a land use change. Councilman Hawkins seconded the motion which was approved 7-0. (H) Alcoholic Beverage License Request - Agent Change Only - Ali Food and Gas, Inc. 2691 South Cobb Drive Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of the agent change request. There was none. Councilman Cramer asked the applicant Pamela Christina Crowell to come forward. Councilman Cramer asked Ms. Crowell if she had been given a copy of the alcoholic beverage license ordinance. She responded she had. He then asked her if she understood she would be responsible if any violations occurred at the South Cobb Chevron and she replied she knew she would be responsible. Councilman Cramer stated the Police Department investigation revealed nothing that would preclude the issuance of the agent change request to Ms. Crowell. Councilman Cramer made a motion the agent change request -- for Pamela Christina Crowell at South Cobb Chevron, 2691 South Cobb Drive, be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. (I) Business License Request - EI Trebol Billares, Inc., - 1036-1040 Windy Hill Road Mr. Benjamin Gutierrez requested a business license for an amusement center at 1036-40 Windy Hill Road. The police investigation was favorable and there was no opposition. Mr. Gutierrez was represented by his attorney, Hector R. Cora who also translated for Mr. Gutierrez. Mr. Cora said this business would be on the back side of the Belmont Hills Shopping Center. They will have 8 pool tables, 2 billiard tables, video games and televisions. This will be a food type operation. Councilman Hawkins asked Mr. Cora if he had reviewed this application. Mr. Cora admitted that he had not looked at this one, but on the previous application submitted by Mr. Gutierrez's son knew that there was a problem with an arrest for obstruction of justice. Councilman Hawkins pointed out that the problem was not with the conviction itself, but the fact that Mr. Gutierrez falsified the application by stating he had never been arrested. Councilman Hawkins said the application states this is a corporation but did not list the names of the officers. Mr. Cora said he is incorporated; Mr. Gutierrez is the president and he has one other officer but he did not understand that he was to include those on the application. Mr. Cora said that while Mr. Gutierrez does not meet the residency requirements now to hold an alcoholic beverage license after one year, he would apply for a license to serve beer and wine at this location. Councilman Hawkins advised Mr. Cora that an amusement center license strictly prohibits the sale or consumption of alcoholic ...., beverages on the premises and he did notice in the lease agreement that Mr. Gutierrez states that food and alcoholic beverages will be sold. Mr. Cora stated that while Dennis Gutierrez originally applied for the license which was denied, he is a full time student and would be working at the establishment only on weekends and his father will actually be the owner and manager. Dennis Gutierrez was present and also addressed council. He stated that he is, in fact, a full time student and would only be working part time. Mr. Gutierrez said they have experience in this type of business and are licensed now in DeKalb County. Councilman Hawkins stated again that an amusement center January 16. 1996 meeting - continued license prohibits the sale of alcohol and suggested that Mr. Gutierrez withdraw this application and after defining the nature of his business, re-apply. After further discussion, Councilman Hawkins made a motion to approve the withdrawal of this application. Councilman Scoggins seconded the motion which carried 7-0. FORMAL BUSINESS: .. (A) Appointment of Civil Service Board Clerk Mayor Bacon recommended Chris Corey be appointed as Civil Service Board Clerk. Councilman Newcomb made a motion Mr. Corey be appointed as Civil Service Board Clerk. Councilman Hawkins seconded the motion. Motion was approved 7-0. Mayor Bacon then administered the oath of Clerk to Mr. Corey. (B) Appointment to Clean City Commission - Ward 5 Councilman Cramer made a motion that Mary Betty Johnson be re-appointed to serve as the Ward 5 representative on the Clean City Commission. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Validate Petition to Annex Property at 1496 Forest Drive and 1511 Debra Drive Councilman Lnenicka stated two property owners had submitted their application for annexation (legal description below:) All that certain property situated and being in Land Lot 598 of the 17th District and 2nd Section of Cobb County, Georgia, being parcels 6 and 7, and more particularly described as follows: .. BEGINNING at the intersection of the northern right of way of Debra Drive with the eastern right of way of Forest Drive, said point being the POINT OF BEGINNING; thence northerly along said right of way of Forest Drive a distance of 200 feet to a point on the common lot line of Land Lots 497 and 598; thence easterly along the common lot line of Land Lots 597 and 598 a distance of 150 feet to a point; thence southerly a distance of 200 feet to a point on the norther right of way of Debra Drive; thence southerly a distance of 50 feet to a point on the southern right of way of Debra Drive; thence easterly along the southern right of way of Debra Drive a distance of 35 feet to a point; thence southerly a distance of 125 feet to a point; thence westerly a distance of 185 feet to a point on the eastern right of way of Forest Drive; thence northerly along said right of way of Forest Drive a distance of 125 feet to a point at the intersection of the eastern right of way of Forest Drive with the southern right of way of Debra Drive; thence northerly a distance of 50 feet to the POINT OF BEGINNING. Councilman Lnenicka made a motion the petition to annex the above described property be validated with a public hearing date set for February 19, 1996. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Colonial Pipeline - Right of Way Permit ... Councilman Wood asked Grace McDougal, representative of Colonial Pipeline, to come forward. Mr. Wood then asked Ms. McDougal to explain why this route was selected and if they had considered other routes. Ms. McDougal stated she is the Right of Way Coordinator for Colonial Pipeline and that it is her job to decide the routes for the pipeline. She stated this was one of many routes they selected but it affected fewer property owners than the other routes. She further stated they have not determined a dollar amount for the use of the right of way but they are willing to negotiate with the city on that. Councilman Wood made a motion that the City approve the right of way permit subject to the approval of a written agreement between the City and Colonial Pipeline that includes, but is not limited to the following: 1. Colonial acquiring the necessary building and erosion control permits required by the City. 2. Colonial's agreement to repave Willowbrook Drive to the current condition or better upon completion of construction. January 16. 1996 meeting: - continued 3. Colonial's agreement there will be no blasting in connection with this project. 4. Colonial will be responsible for relocating its pipeline at their expense, in the event existing utilities have to be relocated along Willowbrook Drive. 5. Colonial will be responsible for and bear the cost of restoring any and all yards or driveways that are disrupted due to pipeline construction to their condition prior to pipeline construction, or better. 6. Colonial will have all the required easements or access rights to the remainder of the proposed route prior to starting work on Willowbrook Drive. ...... 7. Colonial will provide a construction schedule with time frames for construction of the Willowbrook Drive segment of the pipeline. 8. Colonial and the City will agree on compensation to the City for use and maintenance of its right of way. Councilman Newcomb seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) CVS Pharmacy Store - 3536 Atlanta Road Councilman Lnenicka stated no action will be taken on this item and made a motion to table this item until the February 5, 1996, meeting. Councilman Jim Hawkins seconded the motion to table. Motion was approved 7-0. (B) Cannon & Estapa Company - Restaurant at 2997 Cumberland Circle, Suite 100 Councilwoman Capilouto made a motion the commercial building permit for Cannon & Estapa Company to build 4,800 square foot restaurant at 2997 Cumberland Circle, Suite 100, be approved. Councilman ....., Hawkins seconded the motion. Motion was approved 7-0. (C) Cannon & Estapa Company - Retail Shops at 2997 Cumberland Circle, Suites 200-250 Councilwoman Capilouto made a motion that the commercial building permit for Cannon & Estapa to build a 9,600 square foot retail shops area at 2997 Cumberland Circle, Suites 200-250, be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. (0) Cannon & Estapa Company - Retail Shops at 2997 Cumberland Circle, Suite 260 Councilwoman Capilouto made a motion that the building permit for Cannon and Estapa to build 10,000 square feet of retail shops at 2997 Cumberland Circle, Suite 260, be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. (E) Carrabbas Restaurant - 2999 Cumberland Circle, Suite 300 Councilwoman Capilouto made a motion the building permit for Cannon and Estapa to build a Carrabbas Restaurant at 2999 Cumberland Circle, Suite 300, be approved. Councilman Newcomb seconded the motion. Motion was approved 7-0. (F) Cannon & Estapa Company - Retail Shops at 2999 Cumberland Circle, Suite 310 Councilwoman Capilouto made a motion the building permit for Cannon and Estapa to build 2,400 square feet of retail shops at 2999 Cumberland Circle, Suite 310, be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. ....., BID AWARDS: There were none. January 16. 1996 meeting - continued CONSENT AGENDA: (A) Approval of January 2, 1996, Minutes (B) Approve Resolution to Continue Participation in GMA Lease Pool (C) Approval to Solicit Bids for John Deer 510 Backhoe for Water/Sewer Department (public Works) (D) Approval to Use Council Chambers - January 18, 1996, 7-9 p.m. - Ward 6 Meeting Councilman Lnenicka made a motion to suspend the rules for the purpose of adding an item 7-D to the .. consent agenda. Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Lnenicka made a motion that Item 7-D Approval to use Council Chambers January 18, 1996, from 7 - 9 p.m. for a Ward 6 meeting be added to the consent agenda. Councilman Cramer seconded the motion. Motion to add Item 7-D was approved 7-0. Councilman Hawkins made a motion the consent agenda be approved. Councilman Newcomb seconded the motion. Motion to approve the consent agenda was approved 7-0. COMMITTEE REPORTS: Mary Ann White stated there are two job openings in the city: Part-time Library Aide and Laborer II for the Public Works Department. , the meeting adjourned at 11:12 p.m. Ilk/I- 4/2M~ MELINDA DAMERON, CITY CLERK A. MAX BACON, MAYOR ... r\ ) \ Dc o' J- !\' '1 iYJJ J"I'u! ~ iA) CHARLENE CAPILOU 0, WARD 1 I, / 4:sc ~~~ RON NEWCOMB, WARD 2 .. JZ-.../// ~ ~AMES M. HAWKI~S, WARD 4 ~~,A!'~ ~ CRAMER, WARD 5 ~ff~~ ..