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October 4, 1999 Council Meeting October 4, 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 Chuck Camp and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. CITIZENS INPUT: ... Mayor Bacon recognized Cindy Szwec, counselor from Nickajack Elementary School, who stated the word of the month is "responsibility." Ms. Szwec asked Dakota Thompson and Kimberly Brawner to talk about school pride. Mayor Bacon thanked the students for attending the meeting and presented them with a gift bag. Mayor Bacon asked Councilman Wood to read a proclamation in honor of Mr. Lillie and his 50 years in the glassblowing business - Lillie Glassblowers. Mayor Bacon recognized Mr. and Mrs. Don Lillie and presented Mr. Lillie with the proclamation. Mayor Bacon recognized State Representative Randy Sauder who congratulated Mr. Lillie for his efforts in the community. ... Mayor Bacon recognized Sue Brissey who commented she has been watching the landscaping on Spring Road and they are doing a nice job but asked who will maintain that. Mayor Bacon responded the city will be responsible for maintenance and it is supposed to be low maintenance. Ms. Brissey asked what the city is planning to do with the strip of land on Cumberland Parkway and Spring Road - the little island that is not part of this property. Councilwoman Capilouto stated that property is in the county and in the past the city has had a difficult time getting them to maintain it. Ms. Capilouto continued that eventually the city had maintained that area. Mayor Bacon stated he did not know if the county has officially told the city they will not maintain it but he promised an answer by the next meeting as to what the city plans to do with it - whether landscape it, leave it like it is or ask the county to do something with it. Ms. Brissey also asked who owns the road in that area - the road that goes down to where the city limit sign is next to the Italian restaurant and no one was sure who owned it. Ms. Capilouto stated after Mayor Bacon finds out what the county's intentions are, she will place calls to some of the developers who have contacted her in the past concerning landscaping of this area. Ms. Brissey reported the Jonquils are in and cost $10 a bag and they have delivered 1500 to Burger's Market and the recycling center. PUBLIC HEARINGS: (A) Variance Request - Piedmont Kupp Partners, L.P. (Kuppenheimer's) - 2670 Cobb Parkway & Hargrove Road - Relocate Existing "Doc's" Pole Sign Mr. Smith stated this is a request to relocate the existing "Doc's" pole sign and this item has been tabled from the previous two meetings. 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 none. .. Councilwoman Capilouto recognized Mr. Johnson and asked him about the status of the agreement. Mr. Johnson stated the Brenners have been out of town and he spoke to Mr. Brenner this afternoon. Mr. Johnson stated he had a meeting with the Brenners attorney last week and they are still moving forward on resolving the issues and respectfully asked that this item be tabled one more time. Mr. Johnson then stated if he can not get it resolved by then, he will quit trying the city's patience on this issue. Ms. Capilouto stated she hopes this will be settled by then. Councilwoman Capilouto made a motion to table the variance request at 2670 Cobb Parkway & Hargrove to relocate the existing "Doc's" pole sign to the October 18,1999, meeting. Councilman Newcomb seconded the motion. Motion to table was approved 7-0. October 4,1999 meeting - continued (B) Variance Request - 2445 Ventura Road - Reduce Land Requirement from 1 Acre to .55 Acres for Car Sales and Repair Mr. Smith stated this item was tabled from the September 20 meeting. Mr. Smith stated the applicant is requesting to locate his auto business from Marietta to this site and requesting the variance because it requires an acre to do this as it was presented to the city. Mr. Smith further stated the applicant has submitted a letter requesting formally that this be withdrawn as a variance at this time without prejudice. Mayor Bacon asked if anyone was present who wished to address this issue. There was no one present. Councilman Cramer stated this is the former Reeves Garden Shop location and he has met on site with the applicant and the potential new owner and they could not come to an agreement with what the new owner wanted to do with the property. Mr. Cramer stated they sent in a letter last week requesting this item be withdrawn without prejudice. ..... (C) Variance Request - 2600 Carolyn Drive - Reduce Side Yard Setback from 10 Feet to 2 Feet Mr. Smith stated the applicant, Ada Harris-Hubbard, is requesting this variance in order to build a carport addition to their home. Mr. Smith further stated there is a notification to the contiguous occupants attached to the request. 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 none. Councilwoman Capilouto asked Ms. Hubbard to explain why she is requesting this variance. Ms. Hubbard stated they want to improve their property plus they have a one carport garage and they want to make a two-carport garage and they will be able to still do maintenance between the carport and the fence. Ms. Hubbard further stated the sap from the trees is ruining the top of one of their cars and they also want to improve their property. Ms. Capilouto asked about the materials to be used and Ms. Hubbard responded they will use the steel rails for support and siding. Ms. Capilouto stated this is a corner lot and there is only one neighbor abutting their property - Mrs. Patterson - and she has signed a letter stating she has no problem with the variance. Ms. Hubbard stated there is also a fence between the properties. Ms. Capilouto complimented Mr. and Mrs. Hubbard on the appearance of their property since they moved in. -- Councilwoman Capilouto made a motion that the variance request at 2600 Carolyn Drive to reduce the side yard setback from 10 feet to 2 feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Variance Request at 531 Windy Hill Road - Increase Building Sign Allowed Size from 40 Feet to 111 Feet Mr. Smith stated this is a new business - Michael's Clothing - moving into the former location of the Men's Den. He stated the applicant is requesting the oversized sign on a hardship because of the difficulty of reading the sign given the square footage allotted in the sign ordinance. 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 none. Councilman Cramer asked the applicant, Michael Farkas, to briefly explain what he plans to do at this location. Mr. Farkas stated the existing signage is approximately 150 square feet and is constructed of one-quarter inch plywood - four feet high and attached to the building with drywall screws. Mr. Farkas stated he is requesting to put signage that is 111 square feet of a reasonable size that is visible to the potential clientele. Mr. Farkas continued by saying the letters will be molded white plastic, which is pretty expensive - approximately $4,000 - but will highlight the corner on Windy Hill Road and South Cobb Drive and will be a standout in a very positive way. Mr. Farkas stated this will be a clothing store for men and women and moderately priced. Councilman Hawkins asked Mr. Farkas if he is planning to take the sign off the pole that is located on the property and Mr. Farkas responded he is not. Mr. Farkas stated the sign he is discussing is actually mounted on the sloped roof of the building. Mr. Hawkins then asked Mr. Farkas about his plans for the pole sign that is in front of the building and he responded he only plans to change the face of the sign but the dimensions of the sign will remain the same. Councilman Hawkins asked if a business changes ownership, can the same pole sign be used since the city now requires monument style signs in the overlay districts. Mr. Smith stated he will have to come back and revisit that issue. Mr. Hawkins - October 4,1999 meeting - continued stated he did not think the existing pole sign will be allowable. Mr. Farkas stated he had been told by Mr. Broyles that the pole sign was grandfathered and as long as he did not change the structure of the sign, just the face of it, it would be allowed. Mr. Cramer stated if that is an issue, it will be dealt with later as this variance pertains to the sign on the building. Councilman Hawkins stated several months ago another business in Ward 4 came before council asking for a larger sign and he did not support that and the sign did not go in and he can not support this request. ... Councilman Cramer made a motion to approve the variance request at 531 Windy Hill Road to increase the building sign from 40 feet to 111 feet. No second to the motion was received therefore the motion died for lack of a second. Councilman Lnenicka asked Mr. Farkas if he was willing to consider replacing the pole sign with a monument style sign and Mr. Farkas responded no. Mr. Farkas continued by stating that the sign has been there since the building was built and there is no need to reduce it as it is an asset for visibility and with the road widening the property lost about half of its parking facilities and only has eight parking spaces available now. Councilman Lnenicka asked Mr. Farkas to describe what he plans to do with the pole sign. Mr. Farkas stated there are fluorescent bulbs currently in the sign and all that will be changed is the face of the sign. Mr. Farkas stated the sign will have a blue background with white lettering. Councilwoman Capilouto asked if the current sign is four feet high and has a total square footage of 150 square feet. Councilman Cramer responded that is correct and it is located on the roof. Councilwoman Capilouto then asked Mr. Farkas if he wants to reduce the size and will be 30" high as opposed to four feet and will be 111 square feet total. Mr. Farkas responded that was correct. Councilman Cramer made a motion to table the variance request at 531 Windy Hill Road to increase the building sign allowed size from 40 feet to 111 feet to the October 18, 1999 meeting. Councilman Hawkins seconded the motion. Motion to table was approved 7-0. (E) Variance Request - 2406 Vinings Oaks Court - Lot 3 - Reduce Front Yard Setback from 35 feet to 15* Feet .. Mayor Bacon stated Items (E), (F), (G), (H), and (I) all deal with variances on Vinings Oaks Court and they will be addressed individually but will be talked about all at the same time. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to address any of these variance requests. There was no one present who wished to make any comment. Councilman Wood recognized Mr. ScottJustus, the applicant, on behalf of Benchmark Homes. Mr . Wood asked Mr. Justus to tell the council why these variances are being requested for the Vinings Oak Subdivision located off North Cooper Lake Road. Mr. Wood stated currently there are no finished houses in the smalllO-lot subdivision. Mr. Justus explained they are requesting the variance for Lots 3, 4, 6 & 7 - which are all in the cuI de sac - due to the very steep topography of the lots falling from the curb toward the rear of the lots. Mr. Justus continued that with the front setbacks where they are now, by the time they grade and put a building pad in they will basically have no rear yard and what rear yard is there is very steep. He stated by bring the houses forward they feel they can continue the type of architecture that they envision for that community - the size and the style - and will be able to continue that for the homes in the cuI de sac as well as the homes that are on the street. Mr. Wood stated these are zoned R-15 and have been for a number of years and that means the minimum lot size is 15,000 square feet. Councilman Hawkins asked if this just pertains to the cuI de sac and is because of the topography. Mr. Justus explained that when you come into the subdivision, you climb a steady hill to the very top and in the cuI de sac it levels out and all of those lots fall off on all sides of the cuI de sac. Councilman Wood asked Mr. Justus if there was any way he could make this work with a 20-foot* front yard setback and Mr. Justus responded yes. .. Councilman Wood made a motion that the variance request at 2406 Vinings Oaks Court - Lot 3 - to reduce the front yard setback from 35 feet to 20* feet be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilman Newcomb was away from the podium during the vote). (F) Variance Request - 2407 Vinings Oaks Court - Lot 7 - Reduce Front Yard Setback from 45 Feet to 15* Feet See narrative above. October 4,1999 meeting - continued Councilman Wood made a motion that the variance request at 2407 Vinings Oaks Court - Lot 7 - to reduce the front yard setback from 45 feet to 20* feet be approved. Councilman Hawkins seconded the motion. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilman Newcomb was away from the podium during the vote). (G) Variance Request - 2408 Vinings Oaks Court - Lot 4 - Reduce Front Yard Setback from 42 Feet to 15* Feet See narrative above. Councilman Wood made a motion that the variance request at 2408 Vinings Oaks Court - Lot 4 _ to reduce the front yard setback from 42 feet to 20* feet be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. .... (H) Variance Request - 2409 Vinings Oaks Court - Lot 6 - Reduce Front Yard Setback from 45 Feet to 15* Feet See narrative above. Councilman Wood made a motion that the variance request at 2409 Vinings Oaks Court - Lot 6 _ to reduce the front yard setback from 45 feet to 20* feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (I) Variance Request - 2410 Vinings Oaks Court - Lot 5 - Reduce Front Yard Setback from 52 Feet to 15* Feet See narrative above. Councilman Wood made a motion that the variance request at 2410 Vinings Oaks Court - Lot 5 - to reduce the front yard setback from 52 feet to 20* feet be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (J) Request for Zoning Amendment - Vinings Estates (382.75 + Acres) - Pebblebrook Road - Land Lots 471,472,473,537,538,544 -- Mr. Smith stated John Wieland Homes is requesting this zoning amendment to the 382.75 ~ off Pebblebrook Road and stated it was originally zoned as part of a development that included a golf course. He continued that because of some difficulties in developing that golf course on this fairly difficult terrain they have come back and proposed to extend the residential development in this area and actually reduces the overall density of the original site plans and will provide a number of new residents to the Smyrna community. Mayor Bacon stated this is a public hearing and asked if anyone was present who would like to comment. Several persons came forward and were administered the oath by City Clerk Melinda Dameron. Councilman Wood stated this is a zoning amendment and not a rezoning and the property was rezoned in December 1998 and this is to amend that zoning. Mr. Wood stated the reason for the amendment is that when it was zoned in December of 1998, the plan contained a proposal for an 18-hole golf course and related facilities. He continued that since that time it has been determined that the golf course cannot be built there for various reasons and Mr. Dan Fields, John Wieland Homes, mayor may not want to discuss any aspects of that but John Wieland Company acquired the property and they are proposing an amendment to that zoning. Councilman Wood asked Mr. Dan Fields, Vice President of John Wieland Homes, to come forward. Mr. Fields introduced Mr. John Gillespie, Senior Vice President of Development, and Jeff Aiken, Vice President of Sales and Construction for the Vinings Estates subdivision which is adjacent to this proposed site and also of the West Region in Atlanta. Mr. Fields stated that about a year ago they came in with hopes of a golf course development with additional lots that John Wieland would be responsible for developing and at the time Eastland Capital had the property under contract with the hopes of doing the golf course development. He stated that since that time Eastland determined it was not economically feasible to move forward with the golf course and then Wieland acquired the property for the purpose of expanding their Vinings Estates Subdivision. Mr. Fields stated the plan amendment before the council tonight involves only the single-family detached area and the golf portions of the property that were previously approved. Mr. Fields stated the previous approval contained 200 lots on a 173.6 acres - residential acres - and had 3.5 acres of open space and a 202-acre golf ..." October 4, 1999 meeting - continued .. course. Mr. Fields stated the proposed amendment provides for 350 single-family lots and open space on 343.7 acres without a golf course. Mr. Fields stated the existing approved residential density is 1.13 units per residential acre or .89 acres per lot; the current proposal is for a reduced density of 1.02 units per residential acre or .98 acres per lot. Mr. Fields stated they have provided the council with a chart that outlines the numbers and he reviewed them. Mr. Fields stated the residential acreage is 139.1 acres and the proposed plan - residential acres is 343.7 acres - and the golf acreage in the previous proposal that was approved was 202 acres and the number of golf course acres is now zero. He stated the number of lots that were approved in December was 200 and the number of lots proposed tonight is 350; the lots per residential acre under the existing plan is 1.13 and under the proposed plan is 1.01 units per acres. Mr. Fields stated on the previously approved plan, in addition to the golf course, they had open space of 3.5 acres and now that open space becomes 145.4 acres. The townhomes remain the same - 118 townhomes and there are no more additional multi-family lots to be added. Mr. Fields stated there are 9.8 acres on the Highland Park side of the creek that was approved and is part of the plan that is presented tonight. Mr. Fields stated that ultimately what they are requesting tonight is that they drop the golf course and substitute for the golf course 150 additional lots in addition to 145 acres of open space. Mr. Fields stated they have proposed along the creeks the open space which is natural area that they propose not to be disturbed, however, they will request that this be used for passive recreation and they have wider than normal stream corridors, ground water discharge using the natural areas of open space, and natural absorption and filtration of storm water runoff. Mr. Fields stated they believe this is a plan that exceeds the Governor's request of 20% open space and in fact provides the City of Smyrna 38% open space and they are requesting the council's approval of the plan amendment request. .. Mayor Bacon recognized Ms. Ellen Minez, resident of the Nickajack watershed area, who asked about the buffer zones along the creek and the green spaces to be provided. Mr. Fields stated the buffer zones along Nickajack Creek range from about 100 feet off Nickajack Creek and it goes up to maybe 200 feet in some areas. Mayor Bacon stated he had received faxes about the rezoning and two of the concerns dealt with the buffer and Nickajack Creek and the new guidelines that Cobb County just voted on. Mr. Fields stated the open space they are proposing exceeds even the Cobb County standards of 50 feet off the creek. Mayor Bacon stated he did not know if the city officials have seen the new standards that Cobb County recently voted on. Ms. Minez also asked about excessive silt amounts that might run into Nickajack Creek and the six or seven tributaries on this land and stated American Bald Eagles have built their nests on this land and the endangered Woodpecker still lives on this land and then asked about wetlands on the property. Mr. Fields stated he did not know the distance from the wetlands but they are governed by Federal laws regarding wetlands and they will comply with the State and Federal laws and the ordinances. Mr. Fields stated he has not read the Cobb County adopted ordinances but understands that 50 feet is the number off the creeks and that is what they have presented as a minimum along Nickajack Creek. Mayor Bacon recognized Mr. James Lewis, Buckner Road resident and president of the Buckner Community Homeowners Association, who asked about the price range of the homes. Mr. Fields stated the price range will be comparable to the homes they have constructed in Vinings Estates already - $290,000's and up and over $500,000 in Vinings Estates with an average sales price of the homes being $435,000. Mr. Lewis stated they were also concerned about the volume of traffic and asked if it would all empty out onto Buckner Road. Mr. Fields stated the results of the traffic study they conducted was that there will not be significant impact and there are some things they will have to do at the entrance on Pebble brook Road. I ... Mayor Bacon recognized Mr. John Neese, Buckner Road resident, who stated he had some concerns with the original plan with the golf course and wondered if it was possible to look at the possibility of adding some additional greenway, perhaps a passive park or something of that nature to help out in the greenway issue and provide more land for animals. Mr. Fields stated they had set aside 200 acres for the golf course and the golf course would have required the removal of just about all the trees on that 200 acres and in substituting the open space - 145 acres of open space - which would preserve the existing tree cover is a great trade off for that. Mr. Fields stated they have talked to the Vinings Estates Homeowners Association and that open space would be land that is set aside and deeded to the homeowners association and they are in discussions with them to create a passive park but stated that however that would be private property and would be owned by the homeowners association. Mayor Bacon recognized Ray Myer, Buckner Road resident, who stated he is concerned about the entrance off Pebblebrook Road being a secondary entrance to the development and stated he October 4,1999 meeting - continued feels it will actually be the primary in and out for all of Vinings Estates. He then asked about the expansion of the roads in that area as he feels it will be a big impact on that area because of the traffic. Mayor Bacon stated the City of Smyrna does not have any plans to make any improvements on any of the roads - Buckner Road or Pebblebrook Road. Mayor Bacon recognized Mike Smith, Valley Brook Road resident, who asked if it would be possible for Wieland Homes to deed 100 acres of the land to the City of Smyrna for a park. Mr. Fields stated they have discussed this with the homeowners association and there are three issues they have brought up - that Wieland would work with them on incorporating the additional land into the covenants that currently exist and the homeowners association does in fact control the amenities that exist and they would control the 145 acres that would be deeded to them in this situation. Mr. Fields stated they have agreed with them that they will incorporate this land into the existing homeowners association at Vinings Estates. willi Mayor Bacon recognized Mike Jones, Cobb County resident, who stated his mother's people - the Buckners - were one of the original settlers to this area. Mr. Jones stated there are Indian burial grounds and Civil War trenches on the property. He then asked the council to table the Issue. Mayor Bacon recognized Doug Bennett, Buckner Road resident, who stated he is concerned about where this property will impact Pebblebrook Road. Mayor Bacon recognized Roberta Cook, 5911 Greywood Circle, who stated her home is just south of Nickajack Creek on a half-acre lot and stated there is about a 25-30 foot buffer area on her property and it is in the flood plain zone. Ms. Cook stated her concern is that a large development upstream from her and the water runoff that it will create. She expressed the hope there will be an impartial source reviewing the plans to make sure the buffers are large enough to protect the stream and also the environmental impact they will have on the land. Mayor Bacon stated all the Wieland plans have to be approved by the City Engineer and he has to abide by all the guidelines that have been established. Mayor Bacon then asked Mr. Fields about any additional water runoff into Nickajack Creek. Mr. Fields stated they are regulated by State laws regarding water runoff but stated he feels the open space that they have planned for will offer some natural absorption of that water runoff and filtration of that water before it gets to the creeks. ..." Councilman Wood stated there has been a lot of good input this evening. Councilman Wood made a motion that the application of John Wieland Homes to amend this zoning of 385.75-=t on Pebblebrook Road, Land Lots 471,472,473, 537, 538 and 544, be approved with the stipulation that John Wieland Company will pursue the determination of any burial grounds, civil war trenches, other historically significant things on this property. Councilman Hawkins seconded the motion. Motion was approved 6-1 with Councilman Lnenicka opposed. (K) Annexation of Property - Cooper Lake Road (4.125 Acres - Land Lots 319 & 392, 17th District, 2nd Section, Cobb County, Georgia Mr. Smith stated this was originally presented at the September 7 meeting of the council and a public hearing date was set for this evening. Mr. Walter Price is requesting this annexation on behalf of Mr. Russell Barnett who will be developing the property and it is being recommended this property be annexed into the city tonight. Mayor Bacon stated this is a public hearing and asked if anyone present wished to address the issue. There was no comment. Councilman Wood made a motion that the property on Cooper Lake Road - 4.125 be annexed into the City of Smyrna to become a part of Ward 7 effective November 1, 1999. Councilman Cramer seconded the motion. Motion was approved 7-0. (L) Annexation of Property - Cooper Lake Road (West of King Valley Drive - 30.27 Acres) - Land Lots 405 & 460, 17th District, 2nd Section, Cobb County, Georgia ...J Mr. Smith stated this was originally presented at the September 7 meeting of the council and a public hearing date was set for this evening. Eric and Holli Cash are requesting annexation to develop a seventeen single-family home subdivision and it is recommended that this property be annexed into the city effective November 1, 1999. Mayor Bacon stated this is a public hearing and asked if anyone present wished to address this issue. There was no comment. ... I ... { I ... October 4,1999 meeting - continued Councilman Wood made a motion that the annexation of the property on Cooper Lake Road (west of King Valley Drive - 30.27 acres) in Land Lots 405 and 460 be annexed into the city to become a part of Ward 7 effective November 1,1999. Councilman Lnenicka seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approval of Infrastructure within Private Developments Policy Mr. Smith stated this comes from the Public Works Committee based on some issues concerned with private streets or public easements. Councilman Hawkins stated the Public Works staff asked the committee to look at giving them some guidance on this issue. He stated the issue is that new developers, when they bring their plans in and particularly under the RAD-Conditional zoning, the streets are shown as drawn in as private streets and they do so because they are less restricted on setbacks on private streets than they would be if they were built to city specifications. Mr. Hawkins continued that on several occasions the developers come back at a later date and ask that the city be responsible for the infrastructure that is under those streets - mainly the water and sewer lines. Mr. Hawkins stated this is not an ordinance but is a policy which means our staff will be directed on what to do and in unusual situations, the developer can come to the city and the city could look at the policy without having to change an ordinance. Mr. Hawkins stated the below quoted policy will be in effect until further amended. "It shall be the policy of the City of Smyrna that the water, sewer, and storm drainage utilities shall be privately maintained within a development whose internal streets are to be private. Such developments shall be required to have a master water meter, and the above mentioned utilities shall be maintained by the Homeowner's Association. Also, any development with a master water meter shall have privately maintained infrastructure. All apartments and condominium developments shall also be required to have a master water meter. " Councilman Hawkins made a motion that the above policy be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of September 20,1999, Minutes (B) Approval to Install Speed Humps - Turner Drive (Belmont Hills Subdivision) (C) Approval of American Transit Display Systems Agreement with City of Smyrna for bus Shelters and Authorize Mayor to Sign Agreement (D) Approval to Install Stop Signs - Honeysuckle Drive at Foxcliff Court (3-Way Stop) (E) Approval of Whittington & Associates as City Arborist (F) Approval to Install Stop Sign on Wooddale Drive at Trailwood (G) Approval to Use Council Chambers - Wednesday, October 13, 1999 - 6:30 - 9:00 p.m. - Ward 6 Meeting (Vinings Forest Homeowners Association) Councilman Scoggins made a motion to approve the consent agenda. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood, Councilman Scoggins, Councilman Newcomb and Councilwoman Capilouto had no committee reports. Councilman Lnenicka announced the city property tax bills were mailed last week and are due in November. He also announced there will be a meeting of the Vinings Forest Homeowners Association on Wednesday, October 13, 1999, in the city hall council chamber at 7:30 p.m. October 4,1999 meeting - continued Councilman Cramer announced the next Veterans Memorial Association, Inc., is scheduled for October 14, 1999, at 7:00 p.m. in the Smyrna Library. Councilman Hawkins announced there will be a block party on Ridgecrest Road this Saturday, October 9, 1999, from 2 - 4 p.m. He stated the block party will also be for eight or nine adjoining streets and invited all the elected officials. City Clerk Melinda Dameron announced the absentee ballots for the November 2, 1999, election will be available Monday, October 11, 1999, and in the office of the City Clerk. ADJOURNMENT -- With no further business, the meeting adjourned at 9:51 p.m. /~,if~~ A. MAX BACON , MAYOR 6h~lf- ~M~ MELINDA DAME ON, CITY CLERK ~~/ J~ RON NEWCOMB, WARD 2 ...", n I tfl~ & c:/~ CHARLES PETE WOOD, WARD 7 'WIIIIIi RESOLUTION OF MAYOR AND COUNCIL CITY OF SMYRNA, GEORGIA I !rJ The issue of securing a right-of-way for the purpose of installing a sanitary sewer line for public purpose having come before the Mayor and Council and being unanimously approved, IT IS HEREBY RESOLVED: "The City of Smyrna, Georgia, is authorized to acquire the Right-of-Way and/or Easement for the purpose of installing a Sanitary Sewer over, under and through the property of Mark and Malia Read as shown on the plat attached hereto marked Exhibit "A" along with temporary construction easement shown thereon. The Right-of-Way and/or Easement is necessary and required for public purposes, including but not limited to serving citizens of the City of Smyrna with public sewer. The acquisition of the property interest for public purposes shall be carried out by the City Attorneys, Cochran, Camp & Snipes, who are authorized to acquire said property interest by Condemnation, if necessary. " SO RESOLVED, THIS /8"2# day of October, 1999. 1 t A. MAX BACON, MAYOR ... Attest: 1fJ.tJtt-R<- O<<n~ MELI A DAMERON CITY CLERK ~