Loading...
October 4, 1993 Council Meeting October 4, 1993 The regular scheduled meeting of Mayor and Council was held October 4, 1993 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Police Chief Stanley Hook, Library Director Laurel Best, Parks and Recreation Director steve Ciaccio, Public Works Director Vic Broyles, Community Relations Director Kathie Barton, City Engineer Ken Hildebrandt, Mar-D Kilgore representing the Personnel Department, Finance Director Jim Triplett, Fire Chief Larry Williams and representatives of the press. .. Invocation was given by John Hearst, pastor of Mt. Zion Baptist Church followed by the pledge to the flag. Mayor Bacon stated that before the meeting proceeds to the Citizens Input section there is an item under Formal Business - Bid Opening for the Commercial Solid Waste Collection Program with five bids (Waste Management of Atlanta, United Waste Services, Inc., Southern states Environmental Services, BFI and Chambers) that are quite lengthy and asked if there are any bids in the audience. There were none. He then asked that the bids be opened prior to that portion of the meeting with the pricing sheets being pulled now with that item being addressed later on the agenda. CITIZENS INPUT: Mayor Bacon recognized Kathie Barton who stated one of the Clean and Beautiful Commission members is resigning. Charlie Phillips has served on that commission since 1988 and she then asked Councilman Bill Scoggins to present Mr. Phillips with a crystal jonquil in appreciation for his dedication to the Clean and Beautiful Commission. Ms. Brissey came forward and expressed her appreciation to Mr. Phillips and stated he would be missed by the Commission. Ms. Brissey then complimented the City on its appearance and said it looks better now than it has in a long, long ... time. Mar-D Kilgore, on behalf of Personnel, presented the Employee of the Month award for October to Melissa Jordan, 911 Communications Operator. Ms. Jordan was unable to attend the meeting and her supervisor Zale Hawkins accepted the certificate on her behalf. PUBLIC HEARINGS: (A) Business License - Classic Taxie - 2881 Jonquil Drive Mr. Thomson stated the location of Classic Taxie is not in the City limits of Smyrna and Ms. Billie Copeland, the owner, has been given a copy of the ordinances of the City and the business license office has gone over the guidelines for this type of business and the police department has completed their investigation and has found nothing that would preclude the issuance of this license to operate her taxi service in the City limits. Mayor Bacon then asked Ms. Copeland to come forward and asked if there was anyone present in opposition to the granting of this business license. There was none. -- Councilman Pete Wood asked Ms. Copeland if she is a resident of the City of Smyrna and she responded yes. He then asked if the intention of Classic Taxie is to operate in the city limits even though the office location is outside the ci ty limits. Ms. Copeland responded yes. Mr. Wood asked Ms. Copeland if she was aware that her drivers would have to meet the criteria outlined for taxi drivers and Ms. Copeland responded she was aware of these requirements. Mr. Wood asked Ms. Copeland how many cabs she would be operating and she responded three at this time and they are radio dispatched. Mayor Bacon asked about the appearance of the taxis and Ms. Copeland responded they were late model cars and neat in appearance. Mayor Bacon stated he wanted to be sure the cars would not be an eyesore to the community and would be safe for the patrons. October 4, 1993 meting - continued Councilman Scoggins asked Ms. Copeland if she planned to operate the taxi service just in the city limits of Smyrna and Ms. Copeland responded that she planned to operate in Cobb County but basically in Smyrna. Councilman Lnenicka stated he wished her well in her business venture. Councilman Wood made a motion that the business license request for Classic Taxie be granted to Ms. Copeland operating as Classic Taxie. Wade Lnenicka seconded the motion. Motion was approved 7-0. (B) Rezoning Request - 15.299 Acres North Cooper Lake Road and Austin Drive from R-20 to R-12, Single Family Residential ..., Mr. Thomson stated the property was recently annexed into the City and the owners, Harold and Jeanne Curtiss have stated that the homes would be with a minimum of 2,000 square feet and a price range from $180,000 to $230,000. They are also asking for blanket variances for lot width and building line setbacks. Mayor Bacon asked if the applicants were present. He then stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. There was no opposition. Mr. Wood recognized Mr. Doug Dillard who represented the owners, Mr. and Mrs. Curtiss. Mr. Wood then stated he had been working for several months with Mr. and Mrs. Curtiss as well as Mr. Dillard and with the neighborhood association as well as area residents. He further stated there have been several changes to the original proposal and asked Mr. Dillard to make a presentation on the revised proposal. Mr. Wood also stated he felt the project would be good for the City as well as good for the neighborhood. Mr. Dillard thanked Mr. Wood and the neighbors for working with them on the rezoning application. Mr. Dillard stated he had filed with the City Clerk conditions and a site plan which is dated today and incorporates the conditions that were approved by the Planning and Zoning Board with one change found in paragraph 14 which deals with a fence across Lots 8, 9 and 10 and stated he would address that change in a few minutes. Mr. Dillard then read the following conditions of zoning. ..... 1. Traffic, wetlands and hydrology issues relating to the development to be resolved in accordance with or as required by the Code of the City of Smyrna. All retention facilities will be constructed in accordance with the City of Smyrna Code. Anticipated location of the proposed facilities are on Austin Drive and along the tributary which runs along the eastern most portion of the property. Applicant will provide fifty (50) foot setback along the rear property line of lots 48-52 of Austin Lake Subdivision, the first thirty (30) feet of which shall be undisturbed, except for required utility easements and required fencing. Applicant will provide a forty-five (45) foot setback along Austin Drive, the first thirty (30) feet of which shall be undisturbed, except for required utility easements and required fencing. The developer shall establish a homeowners association with a declaration of covenants equal to those of the Austin Lake Subdivision (except for recreational facilities). Such covenants shall contain a provision for mandatory enrollment by each property owner, as well as a provision that the property shall be used for residential purposes only in accordance with the City of Smyrna Code Provisions regulating R-12 districts. There shall be established an architectural committee for plan review and comment purposes but with no veto power. The declaration of covenants shall provide architectural controls and guidelines for the subdivision. Applicant will provide acceleration and deceleration lanes if required by the City of Smyrna Traffic Engineer. Applicant will provide a six (6) foot wooden security fence along the rear property line abutting lots 34-52 of the Austin Lake Subdivision. Said fence shall be constructed of 6" x 6" pressure treated wooden posts and 1" x 6" cedar facial boards. ..., 2. 3. 4. 5. 6. 7. 8. 9. October 4, 1993 meeting - continued 12. -- 13. 14. 15. 16. 17. 18. ... 10. The 1" x 6" facial boards of the fence described in Condition Number 9 shall be placed upon the 6" x 6" posts on the southern side of said posts. Maintenance and repair of the fence shall be enforced by the Homeowners Association through its protective covenants. Applicant will provide a seven (7) foot pressure treated cedar security fence to be constructed as set forth in Condition No. 10 along North Cooper Lake Road. Applicant will provide a minimum seven (7) foot pressure treated cedar security fence along Austin Drive beginning at its intersection with the fence along North Cooper Lake Road and extending along Austin Drive to the point where it will be appropriately integrated into the entrance features. Said fence shall be constructed and made of the materials as set forth in Condition No. 10 hereinabove. Applicant will provide a minimum seven (7) foot pressure treated cedar security fence along Austin Drive beginning at the west corner of lot 8 and ending at the point where it will be appropriately integrated into the entrance features. Said fence shall be constructed and made of the materials as set forth in Condition Number 10 hereinabove. Applicant will provide a minimum eight (8) foot pressure treated cedar security fence along Austin Drive beginning at the west corner of lot 8 and extending across lot 9 and into lot 10 a maximum distance of 320 feet, the location of which will be dictated by topography and by stream buffers. Said fence shall be constructed and made of the materials as set forth in Condition Number 10 hereinabove. Applicant will provide an entrance, which will be maintained by the homeowners association, in keeping with the quality of the Austin Lake Subdivision entrance, and appropriate for the proposed development. Applicant will provide a street light at the entrance of the proposed development. The minimum house size will be not less than 2,000 square feet of heated floor area. The application shall also be amended in accordance with a Conceptual Site Plan (preliminary Plat) prepared by William M. Herndon for Harold Max Curtiss and Jeanne Grace Curtiss dated October 4, 1993. All variances shown thereon shall be approved upon approval of the amended zoning application #93-003. 11. Mr. Dillard then asked the Council to approve this zoning request with the plan presented and subject to conditions 1-18. Mr. Dennis Lund, Austin Lakes Subdivision representative, came forward and stated that over the last four months, a group of citizens from Austin Lake, North Cooper Lake Road and Austin Drive have met on at least four occasions with the applicants and their representatives to work out these issues and expressed his appreciation to both Councilman Wood and John Hicks, Planning and Zoning Board, for their efforts and explanations, and further stated this proposal is a very fair compromise and therefore recommends approval of the rezoning request. Mr. Dillard then asked the Mayor and Council for their approval of the rezoning request as amended with the conditions and site plan submitted this evening in accordance with the staff recommendations and Planning and Zoning Board recommendations. .. October 4, 1993 meeting - continued Councilman Lnenicka asked Mr. Dillard if the utilities in the development would be above or below ground. Mr. Dillard responded they would be below ground. Mr. Lnenicka then asked Mr. Dillard if he had any plans for street lights other than the one street light at the entrance; are there going to be street lights on some kind of decorative poles throughout the development? Mr. Dillard responded that he did not know if that issue had been addressed and felt i~ was more of a marketing consideration but stated they would provide a street light at the entrance if required and would work with the City to make sure that the neighborhood is safe and well lighted. ..." Mayor Bacon stated that traditionally the City has worked with the developer at the time the property is being developed and the developer puts in the street lights and the City will then pick up the costs of the street lights after that time. He further stated that the developers usually pick the more attractive poles whereas the City would just put in the traditional power poles. Mr. Dillard stated he was sure the developer will want to do something that is in keeping with the integrity of the development. Mr. Newcomb asked if either of the lots on the east portion of this development are in the flood plain. Mr. Dillard responded that on the rear of the property they would have to protect whatever wetlands might be present and the building line had been shifted forward on the affected lots to protect the tributary. He further stated that was one of the reasons the fence was designed with flexibility which would allow them to weave the fence along the creek bank. Mr. Newcomb then asked specifically if the lots, the west portion of those lots, on the east side were in the floodplain. Mr. Dillard responded that it was their understanding that the lots were not totally in the floodplain. He further stated that along the creek there would be areas they could not build but on the front portions of those lots they could build. ....., Mr. Newcomb mentioned the fist condition of the zoning conditions which addresses the wetlands and hydrology issue be resolved in accordance with the City of Smyrna and asked what were the issues. Mr. Dillard responded that it appears that the rear portion of those lots could be in a flood plain, where the building lines had been set forward, and indicated he would have to yield to Mr. Herndon and the engineers and the City's Engineer to be sure that the homes were constructed in a manner consistent with the hydrological requirements of the City. Mr. Hildebrandt stated the flooding of those lots could be a potential problem. He further stated the lots are not in the 100 year flood plain, per se, according to the Federal Emergency Management (FEMA) map; that it was not a large enough tributary to classify as a flood plain. He then stated the City does have buffer requirements for a running stream which is a 25' buffer from the bank of the creek and the developer would have to adhere to that requirement. Mr. Wood stated these requirements would be met when the building permits were requested. Mr. Dillard then stated that the Homeowners Association would be responsible for the maintenance of the retention facilities; one of which will be located in the area Mr. Newcomb was concerned about and the other one along North Cooper Lake Road. Mr. Dillard stated they will design and develop the property in accordance with the code requirements of the City of Smyrna. ...... Mr. Wood asked Mr. Dillard, with respect to the setbacks, was he saying that the minimum was 25' front yard and Mr. Dillard responded that was correct. Mr. Wood then recognized Mr. Warren Neal who is the developer of this project. October 4, 1993 meeting - continued Mr. Lnenicka asked when construction was scheduled to begin and Mr. Dillard responded they planned to begin as soon as possible. ... Mr. Wood then made a motion that the application of Harold Max Curtiss and Jeanne Grace Curtiss to rezone their property located at North Cooper Lake Road and Austin Drive, containing approximately 15.299 acres, Smyrna Zoning File number 93-003 from R-20 to R-12 conditional be approved in accordance with the document titled First Amendment to Zoning Application and Conditions of Zoning and the balance of the application on file with the City of Smyrna. For the record, he requested the document titled First Amendment to Zoning Application, Conditions of Zoning numbered 1 through 18 inclusively become part of these minutes as Mr. Dillard went over them. Ron Newcomb seconded the motion. Mr. Newcomb stated he felt this was a very good development and obviously the Planning and Zoning Board along with Mr. Wood and others have worked very hard to address the concerns of the residents who live around the development and stated there were no reasons presented tonight not to support the motion and to go forward with it. Mr. Lnenicka stated he had one question about the amendments mentioned in the motion. Since the amendments are not signed, is it a requirement that they be signed in order to be made a legal part of this motion. Mr. Camp responded if they are made a legal part of the application they would not have to be signed. Motion was approved 7-0. (C) Variance Request for Second Sign at Arby's - 4950 South Cobb Drive .. Mr. Thomson stated RTM Georgia, Inc. and the restaurant chain of Arby's and Mrs. Winner's has submitted a variance requesting permission to be allowed to erect a sixty-seven square foot sign on the rear of their new location at 4950 South Cobb Drive near Interstate 285. The subject sign would face Highlands Parkway near the entrance to their property. Mayor Bacon asked Mr. John Todd to step forward and announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request for a second sign at Arby' s. Mayor Bacon recognized Mrs. Brissey as being in opposition for the granting of this variance. Mr. Todd and Mrs. Brissey were both sworn in by City Attorney Charles E. Camp. Councilman Wood asked Mr. Todd if it was correct that he had an easement from the owners of the Highlands Park development to erect an off-premise sign on their property. Mr. Todd responded that was correct. Mr. Wood then asked Mr. Todd to explain what type of sign, the dimensions and the location for the sign. .. Mr. Todd stated that due their location is not contiguous to the curb cut off North Highlands and stated that for this very reason Wendy's has a variance for a second sign. The sign would basically be for directional purposes for the customer coming in off North Highlands Parkway. According to Mr. Todd, the Wendy's sign is approximately 6' 2" off of grade and he is proposing a sign similar to Wendy's but slightly above it so the customers could see it when they make the turn off North Highlands. The sign, because of the dual concept of having both an Arby's and a Mrs. Winner's, with an entrance arrow will have a brick foundation 7' high to put the bottom of their sign above the Wendy's sign for sight clearance purposes. Mr. Todd indicated he understands the brick portion of the sign is figured into the square footage area of the sign and with that the Arby's sign is 19 square feet and the Mrs. Winner's and the entrance sign is 20 square feet and the brick base is 28 square feet for a total of 67 square feet. Currently the Wendy's sign is 27.5 square feet and including their brick base which is 14.2 square feet gives a total of 41.67 square feet. Mr. Wood asked if the height of the sign is 19 feet and Mr. Todd indicated the height would be 17 feet. Mr. Wood then indicated he has a problem with the requested height of the sign and stated he would be more amenable to a sign that is more similar to the one Wendy's has and consistent with the size of that sign. October 4, 1993 meeting - continued Mr. Todd indicated he had a picture of another sign that would have a lower base and therefore reduce the height of the sign. He also stated that the easement granted by American Founders was 3' by 5' and this sign would fit into that easement area. Mr. Hawkins asked if the Mrs. Winner's building was visible from South Cobb Drive and Mr. Todd responded that yes it was visible from South Cobb Drive. Mr. Hawkins then asked if Mrs. Winner's had a sign on South Cobb Drive and Mr. Todd replied that yes they do have a combined sign (Mrs. Winner's and Arby's). Mr. Todd further indicated that Checkers curb cut is a common curb cut off South Cobb Drive with a channelized right-in, right-out only which forces northbound traffic to turn into North Highlands and that Checkers Wendy's do have an off-site sign there. 'fItIIII1 Mr. Newcomb then stated he understands that people would have to turn off South Cobb Drive to get to the easement road and indicated from the map it appears to be a distance of about 427 feet from South Cobb Drive to where the proposed sign location and recognizes the need for a directional sign rather than for advertisement. Mr. Newcomb recommended that the copy area of the sign be the same size as the Wendy's sign and the height should remain the same as Wendy's sign. Mr. Todd stated his intent for the sign was for visibility. Mr. Lnenicka stated he supported the original request for Wendy's second sign and felt it was necessary and supports the concept of having two signs for one commercial enterprise but is not in favor of a sign that is so big that it is out of character with the rest of the area because of future requests that might come before the governing body. Mr. Lnenicka stated he would support a sign of the same scope and size of the Wendy's sign but opposes granting a variance that might set a trend for future requests. Mr. Todd said he would like to present another option for the sign which would involve lowering the sign to a height several feet off the ground with a brick base similar to the Wendy's sign. ...." Mrs. Brissey came forward and stated that she was opposed to the granting of the variance request for a second sign and feels the City needs to stop putting a sign wherever people want a sign. She feels the businesses should comply with the ordinances in the code book. Councilman Wood made a motion to grant to RTM Georgia, Inc., the right erect a second sign, an off-premise sign on the right-of-way in accordance with the property owners easement, that will not exceed in height or total dimensions that of the existing Wendy's sign similarly located. Ron Newcomb seconded the motion. Mr. Hawkins then stated he would vote against the motion because he felt there would be future requests to come before the Council for the same type variance request and therefore is against the motion. Mr. Newcomb then asked where the curb cut is on South Cobb Drive - going northbound. Mr. Todd explained the curb cut on South Cobb Drive, northbound, is channelized - right turn in, right turn out only, so you must turn down Highlands Parkway to get to Arby's since they are not contiguous with the curb cut that is 400 feet away. Mr. Newcomb stated the fact that you must turn into Highlands Parkway is the reason he supports the motion plus the fact that the size has been reduced and feels the Wendy's sign sets a precedent by already being there. Mr. Newcomb said he felt it is a legitimate request for the second sign particularly because of the limited access. ...., Vote on the motion to grant the variance request for a second sign to RTM Georgia, Inc. was approved 6-1 with Mr. Hawkins opposed. October 4, 1993 meeting - continued FORMAL BUSINESS: (A) Bid Opening (Bid 93017) - Replacement Carpet for the Community Center Mayor Bacon asked if there were any bids in the audience. There were none. One bid was received and forwarded to Jack Cramer, Chairman of the Parks and Recreation Committee. Mr. Cramer opened and read the bid from Bell-Mann, Inc., Doraville, Georgia, for the total delivery price of $6,635. .. Mayor Bacon asked Ms. Dameron how many bids were mailed and she replied that five bids were mailed. Mr. Hawkins asked what amount had been budgeted for the replacement carpet and Mr. Cramer responded approximately $6,500. Mayor Bacon made a recommendation that the committee review the bid. Councilman Cramer made a motion that the bid be turned over to the committee for review with a recommendation being brought back before the Mayor and Council at the next Council meeting. Bill Scoggins seconded the motion. Vote on the motion was 7-0. (B) Bid Opening (Bid 93018) - Upgrade Sound System at the Community Center Mayor Bacon asked if there were any bids in the audience. There were none. Nine bids were mailed with five returned. The bids were opened and read as follows: Company Total Delivered Price ... Seriously Sound Industries, Inc. (Atlanta) Technical Industries, Inc. of Georgia Black Engineering Sales Company (Marietta) Georgia Audio and Acoustics, Inc. (Lilburn) Perfection Lighting and Sound (Smyrna) *Options listed on bid with different prices were $19,088.20 No Bid $24,812.00 $22,564.00 $10,327.12* not read aloud Mr. Cramer made a motion that the bids be turned over to the Parks and Recreation Committee with a recommendation to be brought back before Mayor and Council at the next meeting. Pete Wood seconded the motion. Vote on the motion was approved 7-0. (C) Bid Opening - Commercial Solid Waste Collection Program Mayor Bacon indicated that six bids were returned. Brenda Head, Environmental Synergies, Consultant for the bids stated the per yard cost would be the only figure read and that this would be for comparison purposes only. City Attorney Charles Camp stated the entire bids would become public record as soon as they were opened and read and anyone would be able to read and compare the bid information. The bids were opened and read as follows: Company Per Yard Cost ... BFI Commercial Waste United Waste Services, Inc. Sanifill of Austell Chambers of Georgia, Inc. Southern States Environmental Services Georgia Waste Systems, Inc. $1. 57/yard $2.24/yard $1. 94/yard $1.79/yard $1.57/yard $1. 25/yard Bill Scoggins made a motion that the bids be turned over to the Public Works Committee with a recommendation to be brought back before the Mayor and Council at the next meeting. Jack Cramer seconded the motion. Vote on the motion was 7-0. October 4, 1993 meeting - continued (D) Appointments to Parks and Recreation Commission (Wards 3 and 6) Councilman Scoggins asked Rosie Malone to come forward and thanked her for her past participation and support of the Commission and then made a motion to reappoint her as the Ward 3 Parks and Recreation Commission member. Jim Hawkins seconded the motion. Vote on the motion was 7-0. Councilman Lnenicka stated that Mark Wasserman had been the Ward 6 representative on the commission for the last year filling the unexpired term of Eddie Hellmann. Mr. Wasserman has indicated he would like to be reappointed. Mr. Lnenicka then made a motion to reappoint Mark Wasserman as the Ward 6 representative on the Parks and Recreation Commission. Jack Cramer seconded the motion. Vote on the motion was 7-0. 'I/fIIIII (E) Validate Petition - Annex Property at 719 Austin Drive Mr. Thomson stated that Robert Teem, Sr. has requested that his property at 719 Austin Drive be annexed into the City of Smyrna. Councilman Wood stated that the property located at 719 Austin Drive is contiguous to City property and made a motion that the petition for annexation be validated and set a public hearing date of November 1, 1993. Jim Hawkins seconded the motion. Councilman Lnenicka stated the petition was technically incorrect as it did not have 60% of the electors (two people) signing the petition. Mr. Wood stated Mrs. Teem had been contacted about this and she has indicated she will sign the petition prior to the public hearing. Mr. Camp, City Attorney, then stated the petition should be signed prior to publication of the annexation notice. Vote on the motion to validate the petition and set a public hearing date of November 1 with the understanding the petition would be signed by Mrs. Teem prior to publication of the notice was 6-1 with Mr. Lnenicka opposed. ...", (F) Ratify Decision of Hearing Officer - 1796 Spring Road Mr. Thomson stated that Council action is required under the Ordinances concerning the finding of facts by the Hearing Officer on the property located at 1796 Spring Road, executor of the estate of Mr. Bob Holcombe. The recommendation is to find in accordance with Article IV, Section 11-55(b) to uphold and ratify the findings of the officer and issue an order to demolish the structure as specified in the Official Code of Georgia 41-2-9. Mr. Scoggins made a motion to ratify the decision of the Hearing Officer regarding the property at 1796 Spring Road. Ron Newcomb seconded the motion. Mr. Hawkins asked what had been on the property. Mr. Scoggins responded there was a brick home on the property that years ago had been a beautiful home. However, the heirs refuse to clean the property and the property has been used by vagrants. Vote on the motion to ratify the decision of the Hearing Officer for the property at 1796 Spring Road was approved 7-0. (G) Moratorium on Multi-Family Residential Development Councilman Wood stated that the Mayor and Council of the City of Smyrna have been concerned with the increasing densities of residential use and the impact on our infrastructure and schools for some time. He further stated that he understands the Cobb County Commission also shares this common concern and he believes that a balanced approach between residential and commercial uses must be achieved in order to preserve quality of life and economic stability in our areas. Mr. Wood then made a motion that the City of Smyrna request the Board of Commissioners of Cobb County participate in a joint land use study for the 'I/fIIIII October 4, 1993 meeting - continued purpose of reviewing comprehensive land use plans within our common boundaries and further proposes that the County and City of Smyrna impose a moratorium on multi-family residential development until such time as the joint recommendations are received and approved by both governing bodies. This motion contemplates the moratorium would be in effect for a maximum of twelve months. Ron Newcomb seconded the motion. Mr. Newcomb stated he supports the motion due to the impact on Smyrna and Cobb County on unchecked development of apartment complexes and feels it is being felt in many ways in both the City and County. ... Mr. Camp stated there has been a recent case which Cobb County lost in W.M.M. Properties v. Cobb County at 255 Georgia 436 that mandates you have a time limit less than a year on moratoriums. Mr. Lnenicka then made a motion to amend Hr. Wood's motion to stipulate that the study and review that the City will do will be completed in no less than nine months or the City will review it again. Bill Scoggins seconded the motion. Vote on the amendment to the motion was approved 7-0. The vote on the main motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) America's Favorite Chicken - 2000 Square Foot Restaurant Mr. Thomson stated America's Favorite Chicken is requesting a building permit for the construction of a 2000 square foot restaurant (Church's Fried Chicken) to be located at the southwest corner of South Cobb Drive and Highland Parkway with an estimated cost of construction being $208,000. Mr. Thomson further stated that all construction plans have been approved. Councilman Wood made a motion to approve the building permit for America's Favorite Chicken. Jim Hawkins seconded the motion. Motion was approved 7-0. ... (B) Bevans Enterprises, Inc. - 2728 Spring Road Mr. Thomson stated Bevans Enterprises, Inc., has requested a building permit for the construction of a 5100 square foot restaurant (Applebee's Neighborhood Bar and Grill) to be located at 2728 Spring Road, which is the former location of Casa Gallardo which will be demolished and a new structure will be built. The estimated cost of construction will be $400,000. Councilman Patrick made a motion to approve the building permit for Bevans Enterprises, Inc. Jim Hawkins seconded the motion. The motion was approved 7-0. (C) Abacus Construction Company - 2460 Cobb Parkway Mr. Thomson stated Abacus Construction Company has requested a building permit for the construction of a 46,000 square foot retail store (Best Buys) at 2460 Cobb Parkway. The estimated cost of construction will be $950,000. The building will be located in Loehmann's Plaza and will be similar to Circuit City. Mr. Patrick made a motion to approve the building permit for Abacus Construction Company. Jim Hawkins seconded the motion. Motion was approved 7-0. (D) Temporary Use Permit Application - 6 Months Mr. Thomson stated Ms. Shelina Evins and Angela Latson request a temporary use ..,. permit for 6 months in order to set up a fast food sales unit at 4585 South cobb Drive on the same lot as Paces Equipment Sales. The estimated cost of construction will be $2,500. The unit will be an 8' x 10' self-contained unit. Councilman Lnenicka asked if either applicant was present tonight; neither applicant was present. Mr. Lnenicka then stated he had several questions about the request and since there was not a phone number listed on the application he had been unable to reach them. Mr. Lnenicka indicated he had several questions October 4, 1993 meeting - continued about the water/sewer service and stated this lot is very crowded with the current tenant and was concerned about the available space for this unit and the required parking spaces as well as the possible variance needed for two separate structures on one lot. Mr. Lnenicka then made a motion that this request be tabled until such time as a better definition of the request can be obtained. Bill Scoggins seconded the motion. Mr. Hawkins asked if the Building Inspector had been over to the site to look at the proposed site. Vote on the motion to table the request until turther In!Ormatlon coul.d be obtained was approved 7-0. -- BID AWARDS: (A) Roofing Contract - Fire Station #2 Councilman Hawkins indicated three bids were received and they were as follows: Company Price Parris Roofing Reuben-Kennemore Ledbetter Roofing $7,900 $8,390 $8,874 Councilman Hawkins then stated that the Fire Committee along with the Fire Chief recommends that the low bid be awarded the contract. Mr. Hawkins then made a motion that the bid be awarded to the low bidder, Parris Roofing Company, for $7,900. He further stated they are bonded and do guarantee their work. Bill Scoggins seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of September 20, 1993, Minutes (B) Installation of Three-way stop Sign - Intersection of Ridgehurst Drive and Lakehurst Court (C) Installation of Three-way stop Sign - Intersection of LaVista and Pinehill (D) Installation of No Parking Signs - Old Concord at Oaks Parkway (E) Approve Use of Council Chambers October 24 - 6:30 p.m. - 9:00 p.m. for Ward 6 meeting ..... Councilman Scoggins made a motion the consent agenda be approved. Jack Cramer seconded the motion. Motion was approved 6-1 with Jim Hawkins abstaining. Councilman Hawkins stated he abstained from voting as he was not present at the September 20, 1993 Council meeting due to an out-of town business trip. COMMITTEE REPORTS: Finance Director Jim Triplett reported the property taxes were billed the first week of September with a due date of November 8, and as of today's date only 5% of those taxes have been collected. He further stated the majority of the work on the audit has been completed with a report to Mayor and Council due within the next few weeks. Mr. Triplett reported that the City does not have the capability of directly debiting customers checking accounts, at the customer's request, for payment of their utility bills and mentioned his department had checked on this capability at the request of the Mayor and Council. Police Chief Hook reminded everyone of the Bicycle Rodeo which will be held October 16 on the Village Green. ..... Councilman Lnenicka stated the Cobb County Commission's vote to establish a route for the East/West Connector which dead ends at South Cobb Drive will present nothing but problems for the residents of the City of Smyrna. Mr. Lnenicka also mentioned a recent survey of the citizens of Cobb County asking what they would like to see done if the 1% Road Tax was extended and stated that for the record he would like to support an extension of the East/West Connector to 1-285 or to Atlanta Road near 1-285 as some of the original plans indicated. October 4, 1993 meeting - continued Parks and Recreation Director steve Ciaccio reminded everyone of the Town Hall Meeting at the Community Center on October 6 from 7:00 p.m. to 10:00 p.m. Mr. Ciaccio also stated there will be an Employee Picnic on the Village Green on October 16 and on October 23 and 24 the Fall Arts and Craft Festival will be on the grounds of the Community Center and the Halloween Carnival will be October 31. Chief Larry Williams reminded everyone October 4 - 11, 1993 is Fire Prevention Week. ... Mr. Thomson congratulated Chief Larry Williams on his selection as the Fire Official of the Year for the state of Georgia. Kathie Barton reported that the annual Jonquil sale is in progress and the bulbs can be purchased at Burger's Market, Reeves Garden Shop and the City Recycling Center. Ms. Barton announced the "Adopt a Highway Program" is October 16 and urged anyone who wanted to be a part of this program to please volunteer for this worthwhile project. Bill Scoggins announced that the first meeting of the Cemetery Association will be Thursday, October 7, at the Library. Councilman Patrick read a letter from a resident complimenting Laurel Best and her staff for the assistance provided to him at the Library. Laurel Best stated the art exhibit this month is "Color, Light and Texture" by local artist Emmy Oake. She also mentioned there will a family story telling event on October 28 from 7:00 p.m. to 8:00 p.m. at the Library. Mayor Bacon reminded everyone again of the Town Hall Meeting on Wednesday, October 6 at the Community Center. With no further business the meeting adjourned at 9:23 p.m. ... ~/)-- A. MAX BACON, MAYOR -J;;;:~~i-;i ~(/h~ ~l{#f- MELINDA DAMERON, CITY CLERK -<\? - N~~ RON NEWCOMB, WARD 2 .~/!J 'wL ~ hA, ~~L- ADE LNENICKA, W 6 ~1 BILL SCOG NS, WARD 3 fZ~{(~ {I~ f-!cf!:u~ CHARLES PETE WOOD, WARD 7 ...