April 18, 1994 Council MeetingApril 18. 1994
The regular scheduled meeting of Mayor and Council was held April 18, 1994 at 7:30 p.m. o'clock. The
meeting was called to order by presiding officer Mayor A. Max Bacon. All council members were
present. Also present was City Clerk Melinda Dameron, City Administrator Bob Thomson, City
Attorney Charles E. Camp, Police Chief Stan Hook, Finance Director Jim Triplett, Fire Chief Larry
Williams, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Personnel Director
Mary Ann White, City Engineer Ken Hildebrandt, Assistant Public Works Director Larry Dunn,
Community Relations Director Kathie Barton, Chief Building Inspector Scott Stokes, and representatives
,... of the press.
Invocation was given by Richard Hemphill, pastor of the Trinity Baptist Church followed by the pledge
to the flag.
Mayor Bacon then recognized Mary Ann White, Director of Human Resources, who announced the
"Employee of the Month" award for April is Jody Chapman of the E-911 Communications Center. Chief
Stan Hook accepted the award on behalf of Mr. Chapman who was unable to attend the meeting due to
his work schedule.
CITIZENS INPUT:
Mayor Bacon asked if any citizen would like to come forward and recognized Scott Worthy, a resident
of Falling Waters Drive. Mr. Worthy expressed his appreciation to Mayor Bacon and Councilman
Patrick for attending their neighborhood watch meeting held in March and for the corrective actions that
have already taken place.
Mr. Carlos Ruiz also came forward and expressed his appreciation to Mayor Bacon and Councilman
Patrick for their attendance at the neighborhood meetings held recently.
Mayor Bacon responded that he appreciated being invited to the meeting and was looking forward to the
next meeting scheduled for May 5.
PUBLIC HEARINGS:
(A) Rezoning Request - 3670 King Springs Road from R-15 to General Commercial (GC)
Mr. Thomson stated that 21.52 acres was in the parcel being considered for rezoning from R-15 to
General Commercial. He further explained the applicant is Mr. Don Hammett who is requesting the
zoning in order to develop a shopping center.
Mayor Bacon asked Mr. Hammett to come forward and asked if there was anyone present in opposition
to the granting of the rezoning request. Mayor Bacon recognized several persons and asked if there was
a spokesperson for the group. Mr. Ben Beasley indicated he lived on Starline Drive and he would like
to speak in opposition. Mayor Bacon then asked that anyone who wanted to speak to please come
forward and be sworn in. City Attorney Chuck Camp administered the oath to both Mr. Hammett and
Mr. Beasley. Mr. Beasley then requested that Mayor Bacon ask Mrs. Johnson, the owner of the
property, if she would like to be sworn in so she would be able to speak on the rezoning request. Mrs.
Johnson did not wish to be sworn in.
Councilman Hawkins asked Mr. Hammett to describe to the council what he planned for the property.
Mr. Hammett explained the issue was a little confusing because the address is listed as King Springs Road
but stated the property in question is on South Cobb Drive and the King Springs Road address was used
due to the access to the property being where Mrs. Johnson lives on King Springs Road. Mr. Hammett
~ then stated he was proposing a general commercial development with a department store and some other
small local spaces, e.g. TGIF, Payless Shoes, etc. possibly a video store, barber shop or shops of that
nature. He indicated he had been having ongoing conversations with a major department store and are
continuing those discussions and is also in communication with management of a major food store as
well. Mr. Hammett stated Ms. Johnson lives on two acres that is not included in his acquisition, although
it is included in the zoning request. His company has agreed to install a fifty (50) foot buffer which will
be anon-disturbed buffer, which means they will not remove any trees from that buffer, but will plant
some trees at the neighbors request to help screen off the area where there are no existing trees. In
addition to that, Mr. Hammett stated they have agreed to put an eight foot chain link fence along the 50
foot non-disturbed buffer area on their side so that the 50 foot non-disturbed buffer area will actually abut
the neighbors backyards rather than the fence. They have also agreed to another 50 foot building setback
from that point which will give a total of 100 feet building setback area between the property lines and
April 18. 1994. Council meeting -continued
the first building location. Mr. Hammett stated his company has had some conversation with the State
Highway Department about the installation of a traffic light on South Cobb Drive that would coincide
with the entrance to the apartments that are being developed across the street but stated they do not have
an absolute on that at this point in time as they are waiting for a commitment from the prospective
tenants. Mr. Hammett stated he has also met with the pastor of King Springs Baptist Church and he has
agreed to do some work for them, possibly removing some dirt and helping with landscaping.
Councilman Scoggins asked about the two acres owned by Mrs. Johnson and if it was included in the
rezoning request. Mr. Hammett explained the two acres owned by Mrs. Johnson are included in the
rezoning request but that it is an outparcel and if at any time in the future she decides to sell the property,
or her heirs decide to sell the property, there will be no access from King Springs Road. Mr. Scoggins
then asked if the property was included in his proposed development. Mr. Hammett responded it was
not, it was an outparcel, but that it is included in the zoning request but he is not acquiring that property -
- that is her property.
City Attorney Chuck Camp asked Mr. Hammett who requested that Mrs. Johnson's property be included
in the rezoning request. Mr. Hammett responded Mrs. Johnson requested as it was included in the
application request that she signed. He further stated that Mr. Roy Barnes is the legal counsel for Mrs.
Johnson and he had gone through Mr. Barnes and Mr. Barnes explained it to Mrs. Johnson in his office
which is where she signed the application. Mr. Camp then asked if she did then ask to be included in
the zoning request and Mr. Hammett responded yes but not in the sale. The intent is that the property
can be zoned but it does not have to be developed unless Mrs. Johnson wants it to be, but it increases
the value of her property should she or her heirs want it included in the development. There is no
obligation on those two acres to have it included in the shopping center if she does not want it to be.
Councilman Hawkins then asked Mr. Hammett if he was asking for a rezoning of 21.52 acres and does
that include the two acres that have been drawn out. Mr. Hammett responded that was correct. Mr.
Hawkins then asked if Mr. Hammett was the owner of that property and Mr. Hammett responded that
property belongs to Mrs. Johnson and he did not have it under contract but that she had requested the
property to be rezoned along with the other property. Mr. Hawkins stated he understood that she also
owns another six acres, singularly as an individual and then there are 14 acres that are owned by a group
of heirs. Mr. Hammett responded there are 14.5 acres which includes the two acres that are part of an
estate for which she is the executrix. Mr. Hawkins then stated there is only one problem with that
scenario and that is you cannot live on commercially zoned property and the council, if they grant the
zoning as requested, would then have to grant a variance to Mrs. Johnson in order for her to live there.
Mr. Hammett responded that item was discussed at the Planning and Zoning meeting and it was his
understanding was that as long as someone was living on the property and continued to live there, there
would be no problem.
Councilman Hawkins then read for the record that the Planning and Zoning Board moved to recommend
this 7-0 with the following stipulations:
1. That an eight (8) foot chain link fence be installed on the north and east property lines.
That Tract F as shown on the zoning plat would be fenced to exclude it from the center
until such time Mrs. Johnson was not living there. After Mrs. Johnson vacates the
property the fence would be moved to include the two-acre Tract F into the center. He
then added to this stipulation: The eight (8) foot fence will be built on Mr. Hammett's
side of the 50 foot un-disturbed buffer. In other words when the residents look out their
back yard on Starline they will see fifty feet of woods then a security fence behind that
so they will not look out and see a stark fence. Mr. Hammett said that was correct.
2. That the north and east property line have a 50 foot sloped buffer area that will be
planted heavily with pine in the area that is disturbed. Mr. Hammett stated "in the
slope".
3. That there will be no ingress and egress into King Springs Road and also no ingress and
egress to Starline Drive. Mr. Hammett stated that is correct. Mr. Hawkins then stated
the only way into or out of that property would be by via South Cobb Drive. Mr.
Hammett said that was correct.
Councilman Hawkins stated there is one more stipulation that he wanted to add.
4. That if no construction begins within one year, the zoning would revert to its previous
zoning providing the Council does not grant an extension of that zoning. Mr. Hammett
stated this was acceptable.
April 18, 1994, Council meeting -continued
Mayor Bacon then called on Mr. Beasley.
Mr. Beasley stated he was speaking in opposition to the rezoning request and urged the council to
reschedule the rezoning request based on a number of considerations. He then stated he is a licensed
attorney and resides on Starline Drive and is here on an individual capacity. Mr. Beasley stated his
neighborhood currently has the park on one side and with this proposed development they would become
commercial de facto so to speak. He indicated Mr. Hammett has proposed a 100,000 square foot
building as well as other stores and according to the zoning regulations of the City of Smyrna, number
11 states that "any development which exceeds 100,000 net square feet will be required to submit a
traffic, water and sewer study prepared by a registered engineer." He stated it further says the final
decision by the Mayor and Council may not be made until these studies are received with the zoning
application. Mr. Beasley then stated that he suggested that the council should not act tonight until the
other studies are in. He also stated this land was county and the zoning board that Mr. Hawkins alluded
to approved this before it was even annexed into the City - he stated the Planning and Zoning Board
approved it at a 5:30 meeting before the Council met at 7:30 and suggested there may be some legal
irregularities there. Mr. Beasley stated he felt the gist of the problem is that Mrs. Mollie Bell Johnson
lives on and there are about four or five other houses on it and here is where there may be some
deficiencies. He stated the City requires tax receipts be received and this property refers to 21 acres and
if you look at the tax receipts in this application, there is one for 16 acres and there is one for her house
of 1/2 acre and that does not add up to the 21 acres. He stated the applicant has referenced Probate
Court and some things like that and he has reviewed those records and discovered that Mollie Bell
Johnson's mother had eight or nine children and made a will in 1949 and died in 1970. He continued that
of all her children she left 14 acres of land that her husband had deeded to her to Mollie Bell and two
other siblings -just the three of them own the 14 acres. He further stated that somewhere in the 1930's
and 1940's, and its in the Bond for Title in the Application, Mollie Bell Johnson individually acquired
five acres so if we go back to the applicant's application where "all title owners" are to sign, he has the
City considering the whole 20 acres and Mollie Bell Johnson, as an individual, has not signed this
application and her signature is only as the executrix of her mother's estate. She signed as an executrix,
a fiduciary capacity, on the 14 acres -- she is not individually signing on those five and that has not been
disclosed to the council and when he was taking a walk in the neighborhood, twice he happened to see
her and he asked her if she wanted a shopping center here. She is 88 years old and is not sure she knows
if she wants a shopping center on her land or not. He then stated she is here if someone would ask her
in a way that she might understand. He then stated that after further discussions, that a Mr. Shelton to
whom the tax bills are mailed, and who signed this application does not list his capacity and unless he
has deeds to this land, when he signed the application before you he did not say his capacity -- power
of attorney, owner, or what and given those serious deficiencies he urged the Mayor and Council to
postpone the matter until some of this could be discovered and delved into.
Mayor Bacon asked if there were any questions of Mr. Beasley. Councilman Hawkins asked if Mr. H.
E. Shelton, the person who signed as the title holder, was present. Mr. Shelton came forward.
City Attorney Chuck Camp administered the oath to Mr. Shelton.
Councilman Hawkins asked Mr. Shelton if he signed the application as the title holder to the property
and asked him how many tracts of land are involved in this zoning and how many of them he could
legally sign for.
Mr. Shelton stated he could sign for three tracts of property, the one that is owned by Rosavelt Sellers
Estate, Mrs. Mollie Bell Johnson gave him the power of attorney to sign in her stead, the property that
was owned by Mr. Ed Sellers, who was Mrs. Johnson's father who passed away some years ago and is
now presently owned solely by Mrs. Mollie Bell Johnson -- it is 6.81 acres involved in that tract of land;
there is a one/half acre where Mrs. Johnson's house is that she owns solely that was deeded to her by
the late Mrs. Rosavelt Sellers, who is her mother.
Councilman Hawkins asked Mr. Shelton if he was telling this council that although there are three
separate tracts of land, Mrs. Johnson owns the majority interest in the 14 acres; she solely owns the
second and third lots and that he has the power of attorney to sign on her behalf on any document. Mr.
Shelton stated that was correct. Mr. Hawkins then asked Mr. Camp if Mr. Shelton could represent Mrs.
Mollie Bell Johnson and Mr. Camp said if Mr. Shelton has the power of attorney he could sign on her
behalf. Mr. Hawkins then asked Mr. Shelton if Mrs. Johnson understands what is taking place here and
Mr. Shelton responded she did. Mr. Shelton stated Mrs. Johnson was approached by Mr. Beasley after
he was advised that Mr. Roy Barnes was representing Mrs. Johnson's estate and he continued to visit
with her and Mrs. Johnson refused to give him any clear cut answers as to what was going on. He went
on to say Mrs. Johnson is 87 years old and lives off a $333 monthly social security check and the
April 18 1994 Council meeting -continued
property taxes in that area have doubled in the last five years. Mrs. Johnson, with his assistance and Mr.
Barnes' help, appealed the tax bill that she received. A ruling was received last week and she finally
decided to go ahead and pay it. Mr. Roy Barnes told Mr. Chadwick, in the tax office to give her a
ruling, and the taxes were paid without penalty and he has the receipts to show that. He went on to say
that her brothers and sisters had her in probate court in June of last year. They want to sell. Mrs.
Johnson is the last person to live on the property. There are three houses as Mr. Beasley said that were
owned by the brothers and sisters who moved away, they never completed the houses they just made them
livable. Mrs. Johnson's brothers and sisters carried her to probate court in order to make her sell the
property and it started in probate court. They were threatening to take her Superior Court or State Court,
whichever is next, in order that they might be able to get something out of the property. He stated that
she had, long before then, talked to them about selling and they decided they wanted to wait, then they
decided they wanted to sell a piece of property across the road and one or two of them decided they just
did not want to wait any longer. She was able to contact a buyer who had purchased the other property
and he stated he believes it is the best thing for Mrs. Johnson, at her age, and the heirs who are very
much up in age, that they might be able to reach some settlement.
Councilman Scoggins asked Mr. Shelton if Eddie Sellers is Mrs. Johnson's son and Mr. Shelton
responded that Eddie Sellers, Jr., is her brother, and Eddie Sellers, Sr. is deceased and Guy Sellers is
also deceased. Councilman Scoggins then asked if any of Mrs. Johnson's brothers and sisters live here
in town and Mr. Shelton replied no, that Eddie Sellers, Jr., lives in Rose Garden Hills in Smyrna and
one sister lives in Atlanta and one lives in Decatur.
Councilman Cramer asked if it would be acceptable to leave out the two acres that Mrs. Johnson lives
on in order for it to remain residential. Mr. Hammett responded that would be acceptable. Mr. Hawkins
then stated it was his understanding that they were to be included in the rezoning request but to leave it
undeveloped. Mr. Hammett responded that was correct.
Councilman Hawkins then asked Mr. Hammett if there was any problem with removing the two acres
from the rezoning request and leave those two acres zoned residential. Mr. Shelton and Mr. Hammett
responded that would be no problem.
Councilman Cramer then asked Mr.Hammett if the drawings presented tonight were just proposals, and
if in fact nothing definite. Mr. Hammett responded that was correct, that nothing definite was planned
for the site just a proposal.
Councilman Newcomb asked Mr. Hammett if the land was currently zoned residential and in the future
land use map it was zoned residential. Mr. Hammett responded yes. Mr. Newcomb then asked Scott
Stokes if the zoning application was correctly filled out and Mr. Stokes replied that it was.
Councilman Lnenicka then stated the current land use is a mixture of commercial and residential.
Mr. Stokes stated the land was zoned for two uses and therefore the application was correct.
Councilman Hawkins then asked about the studies (traffic, water,sewer) Mr. Beasley questioned in
reference to the land being rezoned. Mr. Stokes stated that they do not have any plans on the property
at present, everything is just preliminary, and they are asking for a zoning on something preliminary.
Mr. Hawkins then asked if after the zoning is acted on, then the studies would be required. Mr. Hawkins
then asked if Mr. Hammett would have to give the Council a study on traffic, water and sewer. Mr.
Stokes responded when he has a firm set of documents, the city will require that. Mr. Hawkins then
asked if the criteria is not met for those items, Mr. Hammett will have to bear the cost of upgrading the
water and sewer system. Mr. Stokes responded yes.
Councilman Lnenicka asked if the zoning request required a separate motion to amend the land use map
and Mr. Camp responded no. He further indicated that the zoning granted on the land amends the land
use map.
Mr. Beasley then questioned the legal requirements of the power of attorney given to Mr. Shelton and
questioned why she did not sign on the individual land that she owns rather than just as executrix of the
estate and said he felt that was the crux of the matter. If she does not want to sell her individual land
then this isn't a 20 acre parcel and is not as valuable. The person who took her to court had an interest
in the 14 acres and she has an interest in the 14 and may own the other land and he felt this is where the
deficiency in the application occurs as it does not cover that other four or five acres; it just has the state
tax receipt and her house lot and does not have the other five acres and he felt this was crucial and feels
April 18. 1994. Council meeting -continued
there are serious deficiencies here.
Mr. Hammett came forward and stated that Mr. Beasley was present at a couple of the public meetings
where he was advised that Mrs. Johnson was represented by legal counsel and also was advised that her
counsel was Mr. Roy Barnes. If he has any problems with the legality, or questions or remarks about
the way Mr. Barnes is handling her estate, he feels he should take that up with Mr. Barnes. He further
indicated they are not selling any property here today and if there is a question about a legal sale of the
property that will occur at some later time and obviously it will have to be processed and Mr. Barnes will
be representing her and if she does not want to sell the property that can all occur in due course, he is
simply asking for a rezoning request.
Councilman Hawkins then stated he had talked with Mr. Barnes and Mr. Barnes explained the same
scenario that Mr. Shelton presented tonight. He further stated that Mr. Barnes indicated that Mrs.
Johnson might not be in a physical condition that will allow her to come before this body and speak
before a large group of people, however, he assured me that everything that had been done was done with
her knowledge, her agreement, and that certainly everything that had been done was perfectly legal. He
then expressed his appreciation to Mr. Shelton for being present tonight. Mr. Hawkins said his only
concern with the request is that we are now removing two acres from the original request and asked Mr.
Camp if his motion could just include the 19.52 acres.
Mr. Camp responded Mr. Hawkins could state his motion to exclude the property on which Mrs.
Johnson's home is located.
Mr. Hawkins then amended his motion to approve the zoning from R-15 to General Commercial
excluding the property that Mrs. Mollie Bell Johnson will live on which is approximately two acres,
which will remain residential. Mr. Hawkins then added the following stipulations:
An eight (8) foot chain link fence be installed on the north and east property lines and
that the fence be on Mrs. Johnson's side of the 50 foot undisturbed buffer and that also
that fence include Tract F, which is the two acre lot that Mrs. Johnson lives on. ]n other
words, there will be a fence between Mrs. Johnson and this development.
2. Also, there will be a 50 foot sloped area which will be planted in pines in that area in the
slope which might be disturbed for driveways, etc., and the rest will be planted in pine
trees.
3. There will be no ingress or egress to King Springs Road and no ingress or egress to
Starline Drive. The bottom line is that the only ingress and egress will be from South
Cobb Drive.
4. If no construction commences within one year, the zoning will revert back to residential
unless the Council grants an extension of this request.
Councilman Scoggins seconded the motion. Councilman Lnenicka then asked Mr. Hammett that when
he does bring plans to the City for approval, they will be of such a nature that will do credit to the City,
will be built in a quality fashion, wont intrude on the residential neighborhoods and will maintain the
character of the surrounding areas. Councilman Newcomb then stated that for the record that the
objections brought before this body at the public hearing have been technical in nature and there has been
very little to suggest, as per our zoning review standards, for example, one question is whether it affects
existing usability of adjacent or nearby property, or will it impose a burden on the streets, facilities,
schools, utilities, and that kind of thing, and we have heard no evidence to that, so he is comfortable with
this. He further stated that since part of the property was already zoned or is on the land use plan as
commercial he would support the motion. Motion was approved 7-0.
(B) Appeal of Housing Corrections Notices -Stephens Woods Apartments
Mr. Thomson stated this is an appeal of Housing Correction Notice dated February 18, 1994, sent to
Stephens Woods Apartments. He then stated Mr. Michael Hammer with Gateway Management Company
is submitting an appeal from the Housing Code violations found there. The property is located at 1011
Stephens Street and the apartments were inspected in the latter part of 1993. The Correction Notice and
Violations were compiled and mailed in March. He indicated that Mr. Hammer states in his appeal that
the violations create an economic hardship; that the violations are not of an immediate and urgency and
that he needs more time.
April 18. 1994. Council meeting -continued
Mayor Bacon asked Mr. Hammer to step forward and asked if anyone was present other than Mr.
Hammer to represent the property owners. There was no one else present to represent the property
owners. City Attorney Chuck Camp then administered the oath to Mr. Hammer and Scott Stokes, Chief
Building Inspector.
Councilman Hawkins stated the apartment complex had been cited with numerous violations at Stephens
Woods Apartments located in Smyrna. He further stated that it was his belief that Mr. Hammer had been
notified that the work needed to be completed by July 24 and after that notification Mr. Hammer
indicated this schedule presented a hardship to his management company and he asked Mr. Hammer if ~4
he was present tonight to appeal the corrections/violations notices.
Mr. Hammer stated he was present to ask for an extension of time. He further stated he was not here
to appeal all of the items on the list, but basically to get an extension of time and possibly to discuss some
clarifications contained in some of the corrections notices with Mr. Stokes. He further stated that they
received the violation/corrections notices on March 10, 1994, and called the City that day to request a
meeting with Mr. Stokes. He indicated he had met with Mr. Stokes on a similar situation before and they
had developed a flow chart of work that needed to be performed on an urgency nature. Mr. Hammer
stated Mr. Stokes had asked him to write a letter requesting an extension of time, which he did on March
10, but that he had not received a reply until April 11 and that letter instructed Mr. Hammer to be
present at tonight's council meeting. Mr. Hammer indicated the work was to begin on April 24 and
completed by July 24. He further stated he would like to meet with Mr. Stokes on this as he felt it was
almost impossible to take care of all the corrections within athree-month time, he also indicated some
of the work noted is on going, for example, painting of the apartments is done routinely as tenants move
out as well as on athree-year cycle.
Councilman Hawkins then asked Mr. Hammer if he generally agreed with most of the items they were
cited for and should be corrected. Mr. Hammer responded that some of the things noted should be
corrected. Mr. Hawkins then asked if Mr. Hammer did intend to make the corrections and Mr. Hammer
responded yes, but they need a time period as well as money. He stated he needed at least 90 - 120 days
to meet with Mr. Stokes and the Fire Department to put a plan together in order to get the necessary
work done.
Mayor Bacon asked Mr. Hammer how long his management company had managed Stephens Woods
Apartments and Mr. Hammer replied about twelve years. He then asked Mr. Hammer why he thought
the apartments had gotten into such bad shape and Mr. Hammer responded the economy had a lot to do
with it, the area itself, and just a matter of transition and the transiency of the area.
Councilman Wood asked how many total units were in the Stephens Woods Apartments and Mr. Hammer
responded 104. He then asked about the occupancy rate and Mr. Hammer responded 93% occupied
which is typical of the market.
Councilman Lnenicka stated the inspections were performed in December, 1993, and it is now April and
he felt that some of the issues were safety related, such as smoke detectors, fire extinguishers, storage
in furnace rooms, things that should not take 90 - 120 days to correct. He then stated he felt this type
of violations should be corrected in less than 90 - 120 days and asked Mr. Hammer to explain why the
city should wait an additional three to four months to talk about what is required to replace smoke
detectors. Mr. Hammer stated that many of the items had been corrected such as smoke detectors and
fire extinguishers and that he needed some clarification on the need for sprinklers.
Councilman Lnenicka then asked Mr. Hammer specifically what he was asking of the city. Mr. Hammer
responded he was asking to sit down with Mr. Stokes and Lt. Gaddy at an informal meeting to go over
the alleged concerns and the corrections notices and certain alternatives which will achieve the same
results but perhaps in a little different way.
Councilman Hawkins then asked Mr. Stokes to come forward and report on his findings at the complex.
Mr. Stokes stated he did not have the authority to grant any variances or appeals to what is discovered
at the complex and explained that is why Mr. Hammer was present tonight - to obtain a variance or an
appeal from our decisions as to whether or not the property is in violation and whether or not the
property can be repaired in the specific time they were given. Mr. Stokes stated he did not feel the city
was unrealistic on the time frame to repair the property, but it could be discussed. Mr. Stokes stated the
property was inspected about two and a half years ago but through a different procedure than is followed
now on the aspect of appeals as we thought the apartment communities would work with us to try to
attain the goals we were looking for which is the repair of the property. He further stated that since that
time that property has not improved although there are certain items that have been taken care of and
April 18. 1994, Council meeting- continued
stated maintenance is a problem. He also stated that many of the apartments are heavily infested with
insects; light fixtures and bulbs are missing; hot water heaters are in disrepair and parts of the hot water
heaters are explosion problems which are life safety problems. He mentioned the retrofit of the smoke
detectors has still not taken place.
Councilman Hawkins then asked Mr. Stokes if some of the violations that the owners were notified of
two years ago still have not been corrected. Mr. Stokes responded that was correct.
Mr. Hammer stated he is not appealing the repairs of the problems he is just asking for an extension of
time.
Councilman Hawkins asked Mr. Hammer if he disagreed with the findings, or was asking for an
extension of time. Mr. Hammer stated he had to disagree with Mr. Stokes as many of the items had been
repaired in the two year period of time. He stated they were constantly replacing smoke detectors. Mr.
Hammer stated that if all the repairs listed by Mr. Stokes had to be done immediately, the cost is
approximately $400,000 and they can not afford that.
Mayor Bacon stated that Mr. Hammer admitted the apartments did need the corrections listed. He further
stated he was very concerned that the City has a $15 million investment less than 1/2 mile away from
the location of a deplorable, unattractive, crack-house development and yet Mr. Hammer indicates his
association is unable to make the corrections because of the money.
Mr. Hammer stated he did not mean to indicate he would not fix the problems, just that he needed a little
more time to effectuate a plan to take care of the problems.
Mayor Bacon asked Mr. Hammer what assurances the city has, in the event he is granted an extension,
that the work will be done and that he wont be back in two years with the same problem. Mr. Hammer
stated he thought that was the responsibility of the building department to reinspect the property.
Mayor Bacon then asked Mr. Hammer who actually owns Stephens Woods Apartments and Mr. Hammer
~,.,, replied Stephens Woods Associates, a limited partnership. Mayor Bacon asked where they were located
and Mr. Hammer responded it was many investors.
Councilman Lnenicka stated he would like to see Mr. Stokes and Mr. Hammer meet and then based on
whatever they work out and agree to, if it is necessary to come back and ask for an extension. He stated
he felt that at this point without any plan being presented for a certain definite period of time, we have
a responsibility to the residents, and doesn't see how the council could grant an extension without a plan
that our inspectors and the city can agree with.
Mayor Bacon stated he felt Mr. Stokes had given him a plan and asked Mr. Stokes if that was true. Mr.
Stokes responded he had issued him a notice of violations to be corrected and a time frame to correct
those violations. Mr. Hammer stated he had been given a time but not a way to correct the violations
and feels he needs to meet with Mr. Stokes.
Councilman Newcomb asked Mr. Hammer if Stephens Woods Association is afor-profit organization.
Mr. Hammer replied he did not think the partnership had made a profit for several years. Mr. Hammer
stated the complex can not go up on rent without the Federal Government authorizing the rate increases
and the average rent is $300/unit with a proposed rate increase effective May 1.
Councilman Hawkins then asked Scott Stokes if there was any reason why he had not met with Mr.
Hammer. Mr. Stokes responded he needed to know when he plans to finish and repair the code
violations and he has not been furnished with that. He further stated he did not think Mr. Hammer who
was here tonight could furnish the city with that information. Mr. Hawkins then asked Mr. Stokes if
there was anything that precluded him from meeting with Mr. Hammer and explaining the violations to
him and if the purpose of the hearing tonight was to get the burden of responsibility directly from Mr.
Stokes to Mr. Hammer. Mr. Hammer then stated he wanted to meet with Mr. Stokes and Lt. Gaddy and
let them explain to him what they needed to correct and how and they would make the repairs but he just
needs the additional time.
Councilman Hawkins made a motion that the Corrections/Violations Notices issued by Scott Stokes, Chief
Building Inspector be upheld and that the repairs must begin by April 24 and be completed by July 24,
1994. He further stated this does not preclude Mr. Stokes and Lt. Gaddy from meeting with Mr.
Hammer and if Mr. Stokes deems certain repairs may require additional time, that will be at Mr. Stokes
discretion. Motion was seconded by Councilman Newcomb. Motion was approved 7-0.
April 18. 1994, Council meeting -continued
FORMAL BUSINESS:
(A) Appointment of Downtown Development Authority Members
Mayor Bacon stated he would like to recommend to the Council the reappointment of the following
members to the Downtown Development Authority for aone-year term: Hubert Black, C. J. Fouts, Dr.
Jim Pitts, Steven Shupert, Willouise Spivey, Doug Stoner, and Jimmy Wilson. Councilman Wood made
a motion the mayor's recommendation be approved. Councilman Lnenicka seconded the motion. Motion
was approved 7-0. ~'
(B) Appointment of Economic Development Task Force Members
Mayor Bacon stated the council has recently discussed appointing a task force to work closely with the
Downtown Development Authority and the Mayor and Council in order to look ahead to our future and
more specifically, toward Phase II of the downtown redevelopment. Mayor Bacon then stated it had been
agreed that he and each member of Council would appoint three members. The appointees are as
follows:
Mayor's Ap_,pointees Ward 1 Appointees
Larry Freeman Scott Worthy
Rhea Dickerson Ben Lawson
Nancy Hancock Carlos Ruiz
Ward 2 Appointees Ward 3 Appointees
Elsie Rape Reverend John Hearst
J. H. "Pinky" Gilbert Don Porch
Pam Feazel Mollie Herrin
Ward 4 Appointees Ward 5 Appointees
R. T. Pinyan Jimmy D. Smith
Mark Curtis Ralph Templeton
Chuck Madison Murray Glass
Ward 6 Appointees Ward 7 Appointees
Eric Cash Ken Nix
Terry Owens Charyn Darby
Wayne Waddell Randy Sauder
Councilman Lnenicka made a motion that the above listed persons be appointed to the task force.
Councilman Hawkins seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Contract Award -Collection Services
Councilman Wood stated the Finance and Administration Committee has reviewed the proposals from
three companies to handle our delinquent property tax accounts. The three proposals were from Stallings
Financial, First Southern Company and Certified Adjustments Bureau. Councilman Wood made a motion
to award the collection services contract for delinquent property tax accounts to Certified Adjustment
Bureau for the City of Smyrna. Councilman Hawkins seconded the motion. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of Apri14, 1994, Minutes
April 18, 1994, Council meeting -continued
(B) Approval to Use Council Chambers -April 19, 1994, -
7:00 p.m. - 9:00 p.m. -Wards 1,2, & 3 Meeting
(C) Rename Jones Shaw Road to Windy Hill Road
(D) Authorization to Purchase and Install One Radio Activated Siren (Emergency
Management Department)
(E) Authorization to Purchase and Install a Low Band Radio Base Station (Emergency
Management Department)
(F) Authorization to Transfer CDBG Funds from Handicap Accessibility to Church Street
Senior Citizens Center, MUST Ministry Roof, Handicap Door Openers
(G) Approval of 1994 CDBG Projects
(H) Approval to Purchase Lawn Mowers for Parks Department
Councilman Wood made a motion the consent agenda be approved. Councilman Hawkins seconded the
motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilman Wood called on Finance Director Jim Triplett for a report on the Finance Department. Mr.
Triplett stated the city was notified last week by the GFOA that our budget for fiscal year 1994 has been
reviewed by the Association and has been awarded the Award for Excellence and he thanked the budget
staff for their work on the budget.
Councilman Lnenicka called on Chief Stan Hook of the Police Department for a report. Chief Hook
reported that the first quarter stats for the police department were in and that overall the department was
doing well.
Councilman Cramer called on Steve Ciaccio, Director of Parks and Recreation, for a report. Mr. Ciaccio
stated on April 15 the Armed Forces Ground Dixieland Band performed at the Community Center and
it was a very enjoyable concert. He stated the next concert will feature the Desert Wind Band who plays
the top 40's and country rock music on Friday, May 6, on the Village Green. Mr. Ciaccio then reported
the Parks Department will charter a bus for the April 23 Smyrna Night at the Braves game but
reservations are a must. The price of the ticket is $8 each and he requested that all interested parties call
the Community Center as soon as possible. He stated the Jonquil Festival will be Apri123 and 24th on
the Village Green and the carnival will begin on Wednesday, Apri120. He then apologized for the delay
in the opening of Tolleson Pool and stated it will open on Saturday, April 23.
Councilman Hawkins reported that Chief Larry Williams did not have a report on the Fire Department
Councilman Scoggins called on Kathie Barton for a report on the Community Relations Department. Ms.
Barton reported the recycling program for apartments was started two weeks ago and there are four units
participating -- Windsor Lake Apartments, Hillsdale Condominiums and Heritage Pointe.
Councilman Scoggins asked Larry Dunn, Assistant Public Works Director, for a report. Mr. Dunn
reported on the status of several drainage projects.
Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms.
White reported there are a couple of part time openings in the City -Communications Operator in the
911 Center; Public Works Department Clerk.
Councilman Patrick asked Laurel Best, Library Director, for a report. Ms. Best stated the art display
this month is the courtesy of special students from Smyrna schools and there is also a display from the
Jonquil Garden Club on both floors of the Library.
With no further business, the meeting adjourned at 9:26 p.m
April 18, 1994, Council meeting -continued
,. ~. / ~
A. MAX BACON, MAYOR MEL DA DAMERO ,CITY CLERK
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HN PATRICK, WARD 1 RON NEWCOMB, WARD 2 '/
BILL SC GGINS, W 3
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~`"+JACK CRAMER, WARD 5
CHARLES PETE WOOD, WA D 7
JAMES M. HA S, WARD
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WADE S. LN IC ,WARD 6