May 16, 1994 Council MeetingMaX 16. 1994
The regular scheduled meeting of Mayor and Council was held May 16, 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 except Bill Scoggins who was out of town on business. 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, Chief Building Inspector Scott Stokes and representatives
~,.., of the press.
Invocation was given by Steven Kimmel, pastor of Smyrna First Baptist Church followed by the pledge
to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Ann Kirk. Ms. Kirk stated that on May 5 she accepted a plaque, on behalf of
the City, from the Jessye Coleman Council of PTA's, which is a coalition of the PTA's in the Smyrna
area. The award presented was the Community Service Award due to the participation of the City in the
Jessye Coleman Council programs over the year. The Police and Fire Departments were an integral part
of the Safety Fair conducted in the fall and the City also helped with tee shirts and all through the year
through the efforts with the Partners At Large with the Jessye Coleman Schools, Kathie Barton and the
Smyrna Clean and Beautiful have conducted numerous programs throughout the City. Ms. Kirk then
presented to the City and the Smyrna Clean and Beautiful Commission the Citizen's Service Award.
Ms. Kirk also stated she was making a report for Kathie Barton who is out of town this evening. Ms.
Kirk stated the City had recycled more than 26 tons of debris and refuse on Spring Into Recycling Day
last weekend, 600 gallons of paint plus a large amount of other items, such as tires. She announced that
this Saturday, May 21, at Paces Mill Park the "Help The Hooch Day" will be held. She encouraged all
those interested in helping to clean up the Chattahoochee to please participate.
Mayor Bacon then recognized Anne Brady, Trudy Sowar, Dr. Ellen Cohen, Jane Fuqua and Ken Clouse
~,.., from Nash Middle School and asked them to come forward with Laurel Best, Library Director.
Ms. Brady thanked the Mayor and Council for inviting them to attend the meeting tonight. Ms. Brady
stated that as a Cobb County School Board member from the City of Smyrna, it was a pleasure for her
to be present tonight. She stated that Nash Middle School is one of two middle schools in Smyrna and
is also the City's Partner in Education. She stated that Nash Middle School had received the State School
of Excellence award. Ms. Brady explained the award indicates the school is the "cream of the crop",
the best of the best. Ms. Brady stated that Nash Middle School, under the direction of Dr. Ellen Cohen,
has been awarded the highest honor given to a school in this state. In fact, Nash Middle School is
acclaimed to be among the top 10 middle schools this year in the entire state of Georgia. Out of over
1700 schools in Georgia, including all the elementary schools, middle schools, and high schools, Nash
is one of only 30 schools that was selected to be named a State School of Excellence. She further stated
that it was very obvious why Nash Middle School was selected. Ms. Brady indicated there is a feeling
of warmth in that school which is provided by one of the finest staffs in the state of Georgia and the true
concern for children is very evident in everything that goes on at Nash. Ms. Brady stated Dr. Cohen has
set the tone at Nash Middle School that can only come from someone who is not only academically
capable, but also a leader who understands the middle school child and the support that is needed to help
them grow. Ms. Brady then introduced Dr. Ellen Cohen.
Dr. Cohen expressed her appreciation for the recognition for the school and for the City's partnership.
She then expressed her appreciation to the staff at Nash Middle School.
Mayor Bacon then stated that on behalf of the City of Smyrna, he would like to present a plaque that
"" stated: "Presented to Nash Middle School in Honor of being chosen as the Georgia State School of
Excellence - 1993 - 1994." He then stated the City was very proud to have done their small part and to
be their Partner in Education.
Mayor Bacon recognized a couple of candidates who are running for elected offices.
Mr. Richard Day announced his candidacy for the 29th House Seat currently held by Bill Atkins.
Ms. Mary Beverly announced she is running for Post 2 of the Cobb County Board of Education.
A gentleman came forward with a petition asking that Four Seasons Mall (formerly Cobb Center Mall)
May 16, 1994, Council Meeting -continued
be revitalized and renovated.
Mayor Bacon accepted the petition and stated he would forward it to the owners of Four Seasons Mall.
PUBLIC. HEARINGS:
(A) Variance Request - 915 Cherokee Trail -Reduce Front Yard Setback From 35 Feet to
28 Feet
Mr. Thomson stated Ms. Bowden is requesting the variance to build a single car carport and in her letter
of hardship she states that by moving her carport forward will cause her to have to remove six feet of
her existing deck. He further stated Ms. Bowden states that her lot has a steep slope to the rear and the
forward placement of the carport reduces the amount of foundation and fill required thus saving her
money.
Mayor Bacon stated Ms. Bowden was present and asked if there was anyone present in opposition to the
granting of this variance request. There was none.
Councilman Cramer stated he had met with Ms. Bowden on Saturday, May 14, and explained she wants
to put an attached carport on the property and the neighbors have signed letters stating they have no
objection to the granting of this variance.
Councilman Cramer made a motion that the variance request at 915 Cherokee Trail to reduce the front
yard setback from 35 feet to 28 feet be approved. Motion was seconded by Ron Newcomb. Motion was
approved 6-0.
(B) Variance Request - 6020 Bordeau Walk (Chateau Walk Subdivision) -Reduce Front Yard
Setback From 55 Feet to 51 Feet
Mr. Thomson stated Mr. Jack Miller is requesting this variance because one corner of his foundation is
three feet over the front building line. He further stated that most of the lots in this subdivision have 20
to 30 foot setbacks and it would require extensive excavation and expense to move the foundation three
feet to the rear of the lot.
Mayor Bacon recognized Mr. Miller and asked if anyone was present in opposition to the granting of this
variance request. There was none.
Councilman Cramer asked Mr. Miller to briefly describe to the council what he planned to do on this lot
Mr. Miller stated the lot in question has the largest setback of any of the lots in Chateau Walk
Subdivision and is located on a cul-de-sac. He further stated a portion of the house would be
approximately three feet over the setback line and the lot is such that there is a large amount of dirt
behind the house and would require extensive excavation in order to move it back three feet. He further
stated he is requesting the setback be changed to 51 feet to allow them to place the house on the lot.
Councilman Cramer made a motion that the variance request at 6020 Bordeau Walk (Chateau Walk
Subdivision) to reduce the front yard setback from 55 feet to 51 feet be approved. Motion was seconded
by John Patrick. Motion was approved 6-0.
(C) Appeal of Building Code Violations -Kingstowne Apartments
Councilman Lnenicka stated that some weeks ago our Building Inspections Department had inspected the ""~""~""
Kingstowne Apartments and notified the owners of Kingstowne of the deficiencies. He further stated the
owners had filed an appeal with the City and asked the City to hear the appeal. He stated he had received
by hand delivery tonight, three notice of appeal withdrawals and further stated that the letters in part
stated "MAQ Kingstowne Associates, Ltd., the owner of the above referenced property and its
management agent collectively owner, do hereby withdraw the above referenced appeals." He then
forwarded the information to City Clerk Melinda Dameron. He then indicated that officially the request
for an appeal had been withdrawn.
Mayor Bacon then asked City Attorney Chuck Camp if the City needed to take any official action as this
item had been on the agenda. Mr. Camp responded no action was necessary.
May 16, 1994, Council Meeting -continued
Councilman Hawkins asked if Kingstowne could bring this appeal back at a future date and Mr. Lnenicka
responded they could not. Mr. Lnenicka then stated the management of Kingstowne is working with the
City.
Mayor Bacon then asked Mr. Stokes how many apartment units had been inspected today. Mr. Stokes
responded his department is inspecting approximately 10 units a day.
FORMAL BUSINESS:
(A) Ordinance Amendment -Roll-Out Containers
Mr. Thomson stated the Community Development Committee recommends the addition of a new
ordinance which is to create a policy governing the times during which garbage cans, bags, boxes and
containers of that nature can be set out during the time of day.
Councilman Newcomb stated the ordinance will help the city in its efforts to be a clean city. He stated
the policy will say that a citizen shall not place a container, whether it be a garbage can, recycle
container, any kind of box or container, bag for the purpose of being picked up at street side shall not
be placed on the street prior to 6:00 p.m. on the evening prior to the scheduled day of collection; nor
shall said container remain placed or allowed at street side longer than 9:00 p.m. on the day of collection.
He further indicated it also states violations shall be referred to the Community Development Department.
Said Department or other City employee shall leave a notification of this policy and request the
cooperation of the person(s) occupying the location. Mr. Newcomb stated this is a policy or guideline
only and is not a citable offense. He further stated the purpose of the policy is to improve the appearance
of Smyrna.
Councilman Newcomb then made a motion that Section 22.21.1 Policy on Time Limit of Containers at
Street-side be approved. Councilman Lnenicka seconded the motion.
~.- Councilman Hawkins stated he had a couple of concerns he would like to address before the vote on the
motion was taken. Mr. Hawkins stated he normally does his clean up work on Saturdays but some items
are not acceptable to the Collection Center on Spring Hill Drive and he wondered what people are
supposed to do with their debris if this policy is adopted. He stated he felt most people might want to
set their trash on the streets on Saturday and therefore the trash would have to sit there for several days
before a scheduled pick up and feels the City will have to provide some type of container to accommodate
those people.
Councilman Newcomb stated this policy is simply a guideline that sets a level of expectations. He then
stated that he felt most people would be able to abide by this new ordinance and that the persons who
violated the ordinance would not be cited into court but they would be asked to follow the policy as much
as practicable.
Councilman Hawkins then asked who sets the standards of acceptable items at the Recycling Center on
Spring Hill Road as to what is taken and what is refused?
Mayor Bacon then stated the Center was first opened to accommodate people who cleaned their property
on the weekends. He further stated it has now grown into a recycling center but felt there was a
dumpster there for miscellaneous clean up items. Mayor Bacon stated the center does not accept
cardboard as there is not a market for it to be recycled and perhaps the City should look into the
possibility of accepting cardboard there and working out an arrangement with Austell Boxboard to accept
our cardboard.
Vote on the motion to approve the ordinance amendment Section 22.21.1 Policy on Time limit of
Containers at Street-side was approved 6-0.
(B) Validate Petition to Annex 38 Acres in Land Lot 456, 17th District, 2nd Section (Gann
Road)
Mr. Thomson stated the property is located on Gann Road and the petition was signed by Debra Reed
Hudson who represents 60% of the owners of the property and has requested annexation into the City
of Smyrna. He stated this is the validation of the petition for annexation and the public hearing date will
be set for June 20, 1994.
May 16 1994 Council Meeting -continued
Councilman Wood made a motion that the petition for annexation of the below described property be
validated with the public hearing date set for June 20, 1994. Motion was seconded by Jack Cramer.
Motion was approved 6-0.
Legal Description -Tract One
All that tract or parcel of land lying and being located in Land Lot 456, 17th District, 2nd Section, Cobb
County, Georgia, and being more particularly described as follows:
Beginning at an iron pin set (1/2" rebar) at the intersection of the south line of Land Lot 456 and the west
right of way (R/W) line of Gann Road (50' R/W); thence leaving said R/W line North 89°20'55' West
along the south line of Land Lot 456, a distance of 272.05 feet to an iron pin found (1/2" pipe) at the
common corner of Land Lots 408, 409, 456 and 457; thence North 00°44'32" West along the west line
of Land Lot 456, a distance of 1163.47 feet to an iron pin found (1/2" pipe); thence leaving said Land
Lot line North 88°56'00" East, a distance of 479.17 feet to an iron pin found (1/2" rebar) on the West
R/W line of Gann Road; thence along said R/W line the following courses and distances: 194.43 feet
along a curve to the right, said curve having a chord of South 06°53'07" East 194.08 feet and a radius
of 927.16 feet, to a point; thence South 00°52'39" East, a distance of 195.38 feet to a point; thence
304.85 feet along a curve to the right, said curve having a chord of South O1°42'17" West 304.75 feet
and a radius of 3382.09 feet, to a point; thence 140.04 feet along a curve to the right, said curve having
a chord of South 13°43'35" West 139.41 feet and a radius of 425.00 feet, to a point; thence 389.67 feet
along a curve to the right, said curve having a chord of South 26°53' 13" West 389.40 feet and a radius
of 3000.00 feet, to the POINT OF BEGINNING.
Said tract containing 12.235 acres and is shown as Tract One on a survey for Raymond M. Reed prepared
by Rochester & Assoc., Inc. dated April 15, 1994.
Legal Description -Tracts Two, Three and Four
All that tract of parcel of land lying and being located in Land Lot 456, 17th District, 2nd Section, Cobb
County, Georgia and being more particularly described as follows:
Beginning at an iron pin set (1/2" rebar) at the intersection of the southern line of Land Lot 456 and the
east right of way (R/W) line of Gann Road (50' R/W); thence along said R/W line the following courses
and distances; 367.43 feet along a curve to the left, said curve having a chord of North 26°37'01" East
367.20 feet and a radius of 3050.00, to a point; thence 156.51 feet along a curve to the left, said curve
having a chord of North 13°43' 35" East 155.81 feet and a radius of 475.00 feet, to a point; thence 309.36
feet along a curve to the left, said curve having a chord of North O1°42' 17" East 309.25 feet and a radius
of 3432.09 feet, to a point; thence North 00°52' 39" West, a distance of 195.38 feet to a point; thence
204.92 feet along a curve to the left, said curve having a chord of North 06°53'34" West, a distance of
90.98 feet to an iron pin set at the intersection of said R/W line with the north line of Land Lot 456;
thence leaving said R/W line and following said Land Lot Line North 89°04'27" East, a distance of
185.11 feet to an iron pin found (1" rod); thence leaving said Land Lot Line South O1°17'32" East, a
distance of 99.83 feet to an iron pin found (3/4" rod); thence North 89°03'12" East, a distance of 479.89
feet to an iron pin set; thence North Ol°19'05" West, a distance of 100.12 feet to an iron pin set on the
north line of Land Lot 456; thence following said Land Lot Line North 89°01' 12" East, a distance of
200.00 feet to an iron pin found (1/2" rebar) at the common corner of Land Lots 455, 456, 481 and 482;
thence South 00°24'58" West along the east line of Land Lot 456, a distance of 279.00 feet to an iron
pin set; thence leaving said Land Lot Line North 89°42'49" West, a distance of 400.87 feet to an iron
pin found (1/4" rebar); thence South 00°19'40" East, a distance of 299.95 feet to an iron pin found (1/4"
rebar); thence South 00°22'16" East, a distance of 185.42 feet to an iron pin found (1/4" rebar); thence
South 73°30'12" East, a distance of 92.98 feet to an iron pin found (1/4" rebar)); thence South 64°51'20"
East, a distance of 57.75 feet to an iron pin found (1/4" rebar); thence South 58°08'06" East, a distance
of 56.88 feet to an iron pin found (1/4" rebar); thence South 85°48'47" East, a distance of 21.06 feet to
an iron pin found (1/4" rebar); thence North 65°00'45" East, a distance of 202.49 feet to an iron pin set
on the east line of Land Lot 456; thence following said Land Lot Line South 00°32'02" West, a distance
of 542.77 feet to an iron pin (1/2" rebar) at the common corner of Land Lots 456, 457, 480 and 481;
thence following the south line of Land Lot 456 North 481; thence following the south line of Land Lot
456 North 89°20'55" West, a distance of 1017.03 feet to the POINT OF BEGINNING.
Said tract containing 19.356 acres and is shown as TRACTS TWO, THREE AND FOUR on a survey
for Raymond M. Reed by Rochester & Assoc., Inc., dated April 15, 1994.
May 16. 1994, Council Meeting -continued
Also,
All that certain property situated and being in Land Lot 456 of the 17th District and 2nd Section of Cobb
County, Georgia, being Parcels 3, 4, and 5 and more particularly described as follows:
BEGINNING at the intersection of the western right of way of Gann Road with the southern lot line of
~,.., Land Lot 456; thence westerly along the southern lot line of Land Lot 456 a distance of 140.9 feet to a
point, said point being the POINT OF BEGINNING; thence continuing along the southern lot line of
Land Lot 456 a distance of 240 feet to a point; thence southerly a distance of 100 feet to a point; thence
easterly a distance of 240 feet to a point; thence northerly a distance of 100 feet to the POINT OF
BEGINNING.
ALSO,
All that certain property situated and being in Land Lot 456 of the 17th District and 2nd Section of Cobb
County, Georgia, being Parcels 1, 2, 6 and 32, and more particularly described as follows: BEGINNING
at the intersection of the eastern right of way of Gann Road with the southern right of way of Land Lot
456; thence easterly along the southern lot line of Land Lot 456 a distance of 183.4 feet to a point, said
point being the POINT OF BEGINNING; thence continuing easterly along the southern lot line of Land
Lot 456 a distance of 480 feet to a point; thence southerly a distance of 100 feet to a point; thence
westerly a distance of 480 feet to a point; thence northerly a distance of 100 feet to the POINT OF
BEGINNING.
Also,
All that certain property situated and being in Land Lot 456 of the 17th District and 2nd Section of Cobb
County, Georgia, and more particularly described as follows: BEGINNING at the common intersection
of Land Lots 455, 456, 481 and 482; thence along the eastern lot line of Land Lot 456 S 00°24'58" W
a distance of 279.00 feet to a point, said point being the POINT OF BEGINNING; thence N 89°42'49"
W a distance of 400.87 feet to a point; thence S 00°19'40" E a distance of 299.95 feet to a point; thence
S 00°22' 16" E a distance of 185.42 feet to a point; thence S 73°30' 12" E a distance of 92.98 feet to a
point; thence S 64°51'20" E a distance of 57.75 feet to a point; thence S 58°08'06" E a distance of 56.88
feet to a point; thence S 85°48'47" E a distance of 21.06 feet to a point; thence N 65°00'45" E a distance
of 202.49 feet to a point on the eastern lot line of Land Lot 456; thence along the eastern lot line of Land
Lot 456 N 00°32'02" E a distance of 85.40 feet to a point; thence continuing along the eastern lot line
of Land Lot 456 N 00°24'58" E a distance of 394.94 feet to the POINT OF BEGINNING.
(C) Amendment to Municipal Court Bond Schedule - 10% Court Fee
Mr. Thomson stated the Court Services Committee recommends the Municipal Court Bond Schedule be
amended to include a 10% court cost or surcharge on all cases. He further stated the bond schedule was
amended last year by increasing fines to bring it into line with other jurisdictions and this year the
committee is recommending a 10% surcharge to be added onto the fines. The fines which are set aside
each month as required by law and sent to the Crime Victims Emergency Fund and the Peace Officer's
Training Fund are already built into the fines and the surcharge would be set aside to offset the operating
costs of the municipal court.
Councilman Hawkins stated the Court Services Committee is recommending the Municipal Court Bond
Schedule be amended to add a surcharge which would amount to the lesser of either $50 or 10% of the
total fine. He further stated this would be an add on to the traffic fine and those proceeds would go into
a special fund in the General Fund accounting which could be used to make improvements to the jail or
the municipal court building. He then made a motion the Amendment to the Municipal Court bond
Schedule - 10% Court Fee be approved. Motion was seconded by Councilman Cramer. Motion was
approved 6-0.
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
There were none.
May 16, 1994, Council Meeting -continued
CONSENT AGENDA:
(A) Approval of May 2, 1994, Minutes
(B) Approval to Use Lex Jolley & Company as Financial Advisor for Heritage Pointe Project
(C) Approval for Three-Way Stop at Intersection of Falling Water Drive and Brookview Lane
Councilman Patrick made a motion to approve the consent agenda. Motion was seconded by Councilman ~
Hawkins. Motion was approved 6-0.
COMMITTEE REPORTS:
Councilman Patrick called on Laurel Best for a report on the Library. Ms. Best stated the art exhibit this
month is photographs by Kenny Simmons.
Ms. Best also reminded everyone of the TQM meeting to be held Friday, May 20, at 8:00 a.m. in the
Community Center and again on May 25 from 7:00 - 8:00 p.m.
Mayor Bacon expressed his appreciation to Laurel Best for her involvement with Nash Middle School.
Councilman Newcomb asked Mary Ann White for a report on Human Resources. Ms. White stated there
were a couple of job openings in the City -- a Detention Officer and Court Services Clerk.
Councilman Newcomb then reminded everyone that Cobb D.O.T. will be holding a public hearing on
the proposed changes for Spring Road at 7:30 p.m. on June 7 in the Smyrna Community Center.
Councilman Cramer called on Steve Ciaccio for a report on the Parks Department. Mr. Ciaccio
encouraged all interested persons to call for registration for the various children's programs, in particular,
the summer day camp, boy's and girl's basketball camp, summer gymnastics camp, tumble bears camp
as well as many others. Mr. Ciaccio mentioned the June 10 at 7:00 p.m. free Mo-town and Oldies
concert to be held on the Village Green and urged everyone to attend. ,,,~
Councilman Cramer stated he is having a community meeting on May 24 at 7:00 p.m in Meeting Rooms
1-2-3 at the Community Center for Chateau Walk, Pinehill Drive and Kennesaw Drive to discuss several
areas of concern.
Councilman Lnenicka expressed his appreciation to several City employees for their attendance at the
meeting held with the residents of Kingstowne Apartments. He also thanked Chief Larry Williams and
Chief Building Inspector Scott Stokes for meeting with the management of Kingstowne Apartments. He
also expressed his appreciation to Larry Dunn, Public Works, for his quick response to a request for
work done in Ward 6.
Councilman Wood asked Jim Triplett to report on the Finance Department. Mr. Triplett stated the draft
budgets are almost complete and that they will be distributed this week and expressed his appreciation
for the cooperation of all involved. Mr. Triplett then stated that Claudia Edgar and Mike Hickenbottom
had received their certification as Level II Finance Officers and complimented them on their
accomplishment.
Councilman Wood then congratulated Claudia Edgar and Mike Hickenbottom on attaining the Level II
certification.
Councilman Wood then reported on the progress on the Heritage Pointe Apartment complex. He stated
the city has received a formal proposal from the U.S. Department of Housing and Urban Development
to purchase the two segments of the Heritage Pointe Apartments. The first segment is a 20-acre parcel
that all the units on this parcel are currently boarded up and not in use and do not meet housing code
standards. This represents approximately 280 units and occupies about 10 acres on Hargrove Road. The
second parcel is approximately 10 acres and represents 180 units that will be rehabilitated and will
continue to be used as housing. He further stated the City plans to move forward and solicit proposals
from interested parties on both phases of this development. He also said the 20-acre parcel is planned
to be redeveloped as commercial enterprise whereas the approximate 10 acres, 180 units, will be retained
as housing and they will be brought up to code. He stated the estimated cost to bring the units to code
standards is $2 million. Mr. Wood stated he wanted the public to be aware of the city's plans for this
property. He also reported that one of the strong stipulations from HUD is that the city complete the
closing of this transaction prior to the end of the government's fiscal year which is September 30, 1994.
May 16, 1994, Council Meeting -continued
Mayor Bacon then recognized the following candidates for public office: Richard Day, and Ms. Mary
Beverly and thanked them for staying for the entire meeting.
With no further business the meeting adjourned at 8:29 p.m.
~~ ~~~~
A. MAX BACON, MAYOR MEL DA DAMERON, CITY CLERK
J N PATRICK, WARD 1
BII.L SCOGGINS, WARD 3
CHARLES PETE WOOD, WARD 7
RON NEWCOMB, WAR)
AMES M. HAWK ,WARD 4
~~~~~ _
JACK CRAMER, WARD 5 WADE LNE I ARD 6