December 6, 1993 Council Meeting
December 6. 1993
The regular scheduled meeting of Mayor and Council was held December 6, 1993 at Smyrna City Hall.
The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All
council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda
Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Steve Ciaccio, Library
Director Laurel Best, Police Chief Stanley Hook, Finance Director Jim Triplett, Fire Chief Larry
Williams, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Community Relations
Director Kathy Barton, Public Works Director Vic Broyles, Building Inspector Scott Stokes and
representatives of the press.
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Invocation was given by Jim Lewis, pastor of Locust Grove Baptist Church followed by the pledge to
the flag.
CITIZENS INPUT: School Board representative Ann Brady commended the Mayor and Council for their
commitment to education as demonstrated through their participation in Partners in Education with Nash
Middle School which was recently named as a Georgia School of Excellence. Ms. Brady also thanked
the City for their cooperation throughout the year.
Councilman Bill Scoggins read a proclamation honoring Marcello Reyes, owner of Los Reyes Mexican
Restaurant for his services to the community by providing an interpreter for our Municipal Court each
week. Councilman Jim Hawkins presented an engraved plaque to Don Yow, Marketing Manager for Los
Reyes for coming to court each week to serve in this capacity.
Councilman Pete Wood read a proclamation for National Drunk and Drugged Driving Prevention Month
which will be forwarded to the Georgia State Patrol.
PUBLIC HEARINGS:
(A) Variance request to allow more than one free standing business sign - 2534 Cobb Parkway,
Loehmann's Plaza
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Bob Thomson stated that Mr. Charles Lotz, general partner with Promenade Associates, has submitted
a variance requesting permission to erect a second business sign of forty square feet at the new entrance
to Loehmann's Plaza Shopping Center. There was no opposition.
Councilman Patrick said he had no problem with the variance as requested and made a motion it be
approved seconded by Councilman Scoggins. Councilman Jim Hawkins asked Mr. Lotz to state his
reason for the variance. Mr. Lotz said they are in the process of installing a new driveway at their main
entrance and the existing driveway will be closed when the new sign is operational. At the present time
there are two free standing signs located on the property and one will be removed as agreed during the
annexation process.
After further discussion vote on the motion to approve the variance carried 7-0.
(B) Annexation of property - 3166 Kingstowne Drive, Kingstowne Apartments
Bob Thomson stated that Georgia law now allows the annexation of unincorporated islands of 50 acres
or less and the hearing tonight is pursuant to OCGA 36-36-90. Mr. Camp administered the Oath to those
who wished to speak regarding the annexation.
Councilman Newcomb said that under State law municipalities are allowed to annex island of 50 acres
or less that are completely surrounded by the existing city limits and that is the proposal tonight.
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Mr. Steve Stephens represented the owners of Kingstowne and said they were opposed because of the
economic burden placed on the owner through the added taxes. Their goal is to provide affordable
housing for a certain type of clientele. Their business is not very fmancially sound now, and have not
been able to make full mortgage payments. The lender agreed several years ago to reduce their payments
so that they are paying interest only, and no payment to the principal. There are also no management
fees paid to the company for services rendered. In 1992 and 1993 they made $1.6 million in repairs to
the property which is about 20 years old, which in no way took care of all the structural problems. It
will probably take about $2.6 million to make all necessary repairs and structural deficiencies. They are
concerned that if they are annexed into the City they will have an additional tax burden and feel that is
unfair when they cannot pay their existing obligations. Eventually, those additional fees will have to be
passed on to the residents. Councilman Wood asked Mr. Stephens about the occupancy level. Mr.
Stephens stated that as of this morning, they were at 95%.
December 6. 1993 meeting - continuedl
Linden Pate of 3741 Hickory Circle said his neighborhood adjoins Kingstowne and were very concerned
that the owners have a responsibility to maintain a safe place for their tenants and adjoining homeowners
and the lack of things that have been done to make this a safe place. Several months ago there was a
robbery and the Police Department shot and killed the suspect in their neighborhood. They have made
numerous complaints to the management office but they have not been very responsive. As the owner
of adjacent property they are concerned with their property values and safety and from the way the
annexation has been explained, it seems to be the best for the Kingstowne residents and surrounding
property owners.
Ed Harless, President of Vinings Glen Homeowners Association said they have been concerned with noise
and vandalism at several homes in their neighborhood including breakage of windows. They are
concerned with the overall condition of the apartments and have also experienced delays in response times
from the Police Department because of the fact that their homes are in the City and Kingstowne is in the
County.
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Charlene Riggs of 3783 Ashwood Drive said they had a block party recently and one of the major topics
of conversation was Kingstowne Apartments. They circulated a petition to encourage the annexation
because of the problems they have had with noise, loitering in their neighborhood, etc. Everything
around Kingstowne is in the city limits and they felt they would have better support to their neighborhood
if Kingstowne also was in the City.
Councilman Newcomb said he did not want to think that Kingstowne Associates would fail completely
with an additional increase of $25,000 to $30,000 in taxes. There is a savings of about $5,000 available
to them through the difference in trash collection alone which leaves about $25,000 extra in taxes. Of
440 units and an occupancy rate of 95% that was quoted, that equates about $5.00 extra per apartment
per month for city services. Several issues compel us to annex Kingstowne, one the jurisdictional
problems with emergency responses to Kingstowne or surrounding areas. There is also a question of
manpower in law enforcement since this development is totally surrounded by the City and Cobb County
does not have the same law enforcement ratio that we can offer. There is also an equity issue that should
be considered. Now, everyone who lives around Kingstowne pays for streets, lights, sidewalks,
recreation facilities, etc. paid for by city taxes. People who live there do not pay for the benefits of those
same services when they step outside the confines of the apartment complex. There is also the ostrich
effect, of people who would question why the City would take Kingstowne. The need for traffic control,
sidewalks, roads, etc. will continue and we cannot ignore that.
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Councilman Newcomb made a motion that we annex the unincorporated island as defined in Section 36-
36-90 of the Official Code of Georgia, known as Kingstowne Apartments and located in Land Lots 528,
553 and 600 of the 17th District, 2nd Section, Cobb County, Georgia containing approximately 49 acres,
to the corporate limits to become a part of Ward 6. This annexation will become effective December 31,
1993 and is approved contingent upon preclearance by the U.S. Justice Department, pursuant to Section
5 of the Voting Rights Act of 1965. Councilman Patrick seconded the motion.
Councilman Lnenicka said he would support the motion because there is a real jurisdictional issue that
should be addressed. in January through September of this year Cobb County made 180 calls to
Kingstowne and felt that our response time would be much better and perhaps we would not have the
number of repeat calls that they have had. The issues there also spill out into the surrounding
neighborhoods. During that same time period, there were 230 calls to Smyrna Hospital, 18 calls to
Vinings Glen, 41 calls to Hickory Hill area and QuikTrip had 201 police calls. Not all of those are
related, but there is a link in many cases and certainly a jurisdictional problem. Besides those that spoke
tonight, 62 residents of Hickory Hills signed a petition with letters from surrounding neighborhoods and
businesses saying they would like to see the property annexed. We also get calls from residents of
Kingstowne who think they are in the City and they want to use the library and other facilities but they
can't because they are not residents. The equity reason stated by Mr. Newcomb also needs to be
addressed.
Councilman Hawkins said the Cobb County law enforcement officials have also met with city officials
and they agree with the annexation because of the delay they have in response time. Councilman
Hawkins did, however, express his concerns that the residents in the area may expect an overnight change
and that will not happen. There are other apartments in the City that are in worse shape, with more calls
for police help than Kingstowne. This is, however, a move in the right direction.
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Councilman Lncnicka said he did not mean to disparage the people who live at Kingstowne because they
want the same things that we want, and he felt that by being in the City we could work with them and
December 6. 1993 meeting - continuedl
be in a better position to help them.
Councilman Wood said this is not a revenue issue as much as it is an equity and jurisdictional issue that
has been discussed. In fact, it will take a long time to offset the cost of providing additional services to
the complex. There are a lot of good people living at Kingstowne who want to be able to take advantage
of the facilities and services that we offer to our citizens. The tax revenue is secondary compared to the
other issues.
Mayor Bacon asked that the letters and petitions supporting the annexation be made a part of the file.
__ Councilman Newcomb said that they have had several good communicative discussions with Mr. Stephens
recently and noted that under his management, Kingstowne has shown signs of improvement.
Vote on the motion to approve the annexation carried 7-0.
(C) Rezoning request - 1250 Cooper Lake Road - from RAD to RAD Conditional
Bob Thomson stated that David Knight is requesting this zoning to develop 107 single family lots on 27.5
acres located at 1250 Cooper Lake Road. There were several in opposition and were sworn in with the
applicant by Mr. Camp.
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Councilman Wood asked Mr. Davidson and Mr. Knight to present their plan for development. Keith
Davidson with Knight Davidson Company said they are builders and developers in Cobb County and have
five active projects in the county. Their company is proposing a 107 lot community similar to one they
are developing now in the county known as Autumn Lake. This particular project is well conceived
because they are bringing in a concept that has worked well in other areas and should do well in this
community. Under the existing zoning conditions, 100 lots are approved for development. They have
attempted to re-design the community to have better utilization of the open spaces by buffering the
surrounding communities and also offer a backdrop to the lots which gives the appearance of being much
larger. They have agreed to a number of stipulations including increasing the minimum square footage
up to 1425 square feet from 1300. They will not build any amenities on the perimeter of the property
at the request of the neighbors. They have also agreed to institute very comprehensive restrictive
covenants to ensure the continued maintenance of the community. The homes should sell in the $130.000
price range. In summary, they believe they have a product and concept that will work well in the
community.
Councilman Scoggins asked abut the entrance to the subdivision. Mr. Knight said the only entrance will
be from Cooper Lake Road, with no access from Mavell Road.
Councilman Wood said he read the covenants drafted for Autumn Lake and asked if those would be
similar. Mr. Knight said they would be basically the same, and filed with the final plat. They will not
take away anything from the Autumn Lake covenants unless there are items that do not apply to this
particular development. Councilman Wood asked about the privacy fence on Cooper Lake Road. Mr.
Knight said that all lots that can be seen from Cooper Lake will have a privacy fence.
Councilman Hawkins asked if the 10 foot undisturbed buffer would be in addition to the open space
shown on the plat. Mr. Knight said the buffer was included in the open space which varies, but they
would have a minimum of 10 feet of undisturbed buffer. The narrowest point now is 25 feet and is
heavily wooded.
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Councilman Lnenicka asked about the target size of the units. Mr. Knight said the smallest plan is 1427
square feet but they let the market dictate the size. If you finish the bonus room they will go to over
2000 square feet. Councilman Lnenicka asked about the acceleration lanes, fence height, sidewalks and
amenity package. Mr. Knight said they would follow the city's criteria on acceleration lanes. The fence
will vary between 5 and 6 feet if they decide to use a scalloped decorative fence. Sidewalks will be
provided inside the development and will be placed on the opposite side of the water lines. One of the
conditions on the old zoning is that an amenity package be provided. Mr. Knight said they were asking
that they not be required to provide an amenity package and would prefer to wait until they can determine
what the market dictates for this particular community. They agreed that some type of amenity package
should be provided but preferred to be able to proceed with development of the lots before making a
decision on what type of amenities to provide. Councilman Lnenicka said he thought an amenity package
of some type was very important because of the 5 associations he represents, only two have pools, tennis
courts or cabanas and he saw a real problem in the other three because they don't have that common
interest to hold the neighborhood together. Mr. Knight said the association will be mandatory and
December 6. 1993 meeting - continuedl
agreed, but he would prefer that they do not define the amenity package at this time. Mr. Knight asked
if a change to the plans later regarding a pool or tennis court would require another public hearing. Mr.
Camp said that any change to the plan as approved tonight would constitute an amendment to the site plan
and require another public hearing before this body.
Councilman Newcomb said the engineering study recommends a 100 foot acceleration lane and asked if
they were agreeable to that. Mr. Knight said they would do whatever is required by the City.
Councilman Newcomb said the zoning tonight basically is a request to increase the density and change
the site plans by allowing more units and asked why. Mr. Knight said they knew what the homes cost
them to build and they knew what they could sell for in the market place. The lots will be about $30,000 ....
each and that is a considerable amount of their cost that has to be taken into consideration. Councilman
Newcomb said he was sure this will be a good development but council was concerned with conditional
zonings in general and since there are no established guidelines, was beginning to become uncomfortable
with the RAD conditional zonings.
David King of 4527 King Springs Road said he actually was not opposed to the development but was
concerned only with the preservation of property values and quality of life in the surrounding areas.
There were some concerns that they would like to see addressed with the development; one that a
maximum of 40 of the smaller size homes be allowed, a neighborhood pool with bath facilities be
provided and a mandatory membership of the residents. They also felt that adequate landscaping,
sidewalks should be provided and that existing vegetation not be disturbed except as required for
development.
Mr. Knight said that now, they did not think they would need a pool or tennis court but were thinking
of providing a pavilion and have some type of park or open space for the development. Mr. Knight said
it would be difficult to keep track of percentages on the size of the homes, but based on their experience
they would meet this request. Councilman Wood said they would like for them to give a good bit of
consideration to that request. The property will be zoned to the plat submitted tonight and any change
will require another hearing.
Councilman Newcomb questioned the minimum size again. Mr. Knight said the minimum square footage
at Autumn Lake, which is comparable, is 1200. The original zoning for this property was a minimum
of 1300 square feet but this zoning will increase the size to 1400 square feet. Mr. Knight said although
the price range in the community would differ, they will not differ widely in appearance from the street.
The smallest plan that they build will appear to be one of the larger homes from the street because it is
a ranch and is very wide and does not appear to have less square footage that any others. All homes will
look favorably in terms of size.
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After further discussion, three other persons were sworn in by Mr. Camp.
Mr. Prasanna Kadaba of Parkland Place said their homes are $180,000 and up and was concerned that
the lower price ranges of this development would devalue their property.
Mr. Jim Kennedy of 4531 King Springs Road said that RAD conditional zoning was defined as "to the
benefit of the community overall" and in this development they are losing the pool, tennis courts and are
adding seven additional small lots and did not think that this development could benefit the community.
After further discussion Councilman Wood stated that now the property is zoned RAD with 10
stipulations which includes an amenity package. But, it also allows construction of 1300 square foot
homes with a selling price dictated at that time of $90,000 minimum and without the buffers that are
guaranteed by the plat that will be filed. In return for this zoning change, they are offering greater
square footage. This body cannot dictate price of homes, but the square footage dictates the price of
homes. Councilman Wood said his intent is to protect the value of all homes to the best of his ability.
We cannot prohibit these developers from building 1300 square foot homes, which would have a negative
impact on Summerlin Woods, Parkland Place and other properties. The swimming pool also will not
guarantee enhancement of property values but the fact that they are adding square footage will enhance
and protect property values.
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Councilman Wood made a motion the zoning be approved from RAD to RAD Conditional according to
the plat submitted which will include the following conditions:
1) Total number of lots - 107
2) Density is 3.89 lots per acre
3) MiniPlum lot size - 5500 square feet
December 6. 1993 meeting - continuedl
5)
6)
7)
8)
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10)
11)
12)
13)
14)
15)
16)
17)
18)
4) Building setbacks:
Front - 15 feet
Side - 2 feet on one side with 15 feet between structures
Rear - 20 feet (exterior) and 15 feet (interior)
Roof overhangs and some chimney chases may encroach on the 15 foot building
separation
17.3 acres in lot area
5.32 acres in open space
4.9 acres in property right of way
10 foot undisturbed buffer or 6 foot high privacy fence provided around the entire
circumference of the development
Development will have underground utilities and uniform mailbox posts
Each unit shall have minimum 1400 square feet heated living space with attached two car
garage
One curb cut on Cooper Lake Road and no permanent access to Mavell Road
Each side lot line will have a maintenance easement to benefit the adjoining property
owner
Mandatory homeowners association with declaration of covenants similar to Autumn Lake
subdivision, to protect the homeowners and surrounding property owners
Developer shall provide accel/decel lanes
Fence shall be pressure treated cedar facing (6 foot minimum height)
There will be sidewalks inside the development
No amenities to be placed around any perimeter of the development
Councilman Jack Cramer seconded the motion which carried 7-0.
(D) Appeal notice of abatement - Vittles Restaurant
Bob Thomson stated that Howard Adam Management, Inc. has issued an appeal concerning council's
order for demolition of the building within 45 days from October 23, 1993. At the regular scheduled
meeting of October 18, 1993, an order was issued by this body to demolish 2589 South Cobb Drive,
Vittles Restaurant, 45 days from October 23, 1993 because of damage sustained by fire. An appeal of
this decision has been filed and if denied tonight, an order should be issued to the Hearing Officer to
prepare our case in Cobb Superior Court, order an appraisal of the premises and a Registered Structural
Engineers report of the property.
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Mr. Camp advised that the purpose of this hearing would be limited to questions of law since the hearing
officer has already provided council with the transcripts of the hearing on June 30, 1993. Mr. Stuart
Kurtz represented Howard Adam Management. Mr. Camp asked Mr. Kurtz first to state whether or not
the unconstitutionality of certain sections quoted in the appeal was raised in the meeting with the hearing
officer. Mr. Kurtz said they were, and he specifically handed Mr. Curtis a written response to raise
those constitutional issues and asked that they be made part of the record. Mr. Kurtz said the ultimate
goal was to have this property rebuilt and his client has filed for a permit to rebuild the premises and that
is his intent. There were some additional documents required regarding architectural landscaping and
those were submitted on Friday. Assuming the permit is approved, his client is arranging fmancing but
the lender will not do anything until the permit is approved. Mr. Kurtz said he had raised 7 different
grounds relating to the appeal. The first two grounds relate to the notice of abatement served on Mr.
Becker which simply states that a hearing will take place to determine whether the premises has been
destroyed by fire and in an unsafe condition. That notice violates the due process provisions of the
Federal Constitution and State Constitution. Grounds 3 and 4 consist of the fact that because the initial
notice was vague and they weren't really sure of what they had to defend, and because the notice did not
state specific penalties, they believe the notice was unconstitutional in that respect. The 5th ground was
as to the actual findings, and the report submitted by Mr. Curtis is contrary to what was presented at the
hearing. Mr. Kurtz said the provision of the order requiring the owner to start to rebuild within 45 days
was also unconstitutional and the State statute was also unconstitutional as the enabling legislation for this
code section. The fmal ground is that the actual findings are not consistent with the statutory scheme of
the City. Mr. Kurtz said he referred again to the notice given because examination of the premises would
tell you there was a fire there, so they were not sure what their obligations were. As to whether or not
the premises are unsafe or in danger of collapse, again the engineer Mr. Proctor was the only one
qualified to make a recommendation and he stated that a portion of the premises could be utilized and
if that is the case, they could not understand how they could be determined as unsafe. The City statute
specifically states that the building hearing officer upon a complaint shall cause to be served on the owner
a complaint, stating the charges and containing a notice. It is their contention that if you examine the
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December 6. 1993 meeting - continuedl
notice itself, it does not contain those particular items. The notice does not state the charges and they
were required to guess because the notice was vague and ambiguous. Mr. Kurtz said they felt the notice
was insufficient as a matter of law because of failure to comply with both the State and Federal
constitution and that it did not comply with Smyrna code in itself. The report of the hearing officer also
refers to several flawed findings of fact. The report refers to the impact to the community on the
structure yet there was no evidence at the hearing to support that. Chuck Camp asked about page 40 of
the transcript where the building inspector states the building is dangerous. Mr. Kurtz said he did not
remember that specific quote, he did make some sort of statement like that but during cross examination
he stated he was not a structural engineer and therefore not qualified to make a statement regarding the
safety of the structure. There were also statements in the hearing officer's report that were in conflict __
with the evidence presented at the hearing. Mr. Kurtz said they were going to rebuild the property but
had a problem when a report and subsequent order was issued requiring them to do certain things when
they were not properly notified of the purpose of the hearing in the first place. They were simply asking
Council to review the information and grant a proper hearing within the requirements of the Federal and
State constitution. Councilman Wood said that regardless of the hearing, the big question is why would
it take almost 9 months with almost virtually no evidence of any work having been done, to either repair,
rebuild or replace the structure which is relatively small. Mr. Kurtz said he is in the process of
attempting to do that. Initially, his client had a problem with the insurance carrier who, for whatever
reason, was unwilling to pay a proper value and he had to hire a claims adjuster. Secondly, Mr. Becker
has had documented health problems which has caused a delay. There has been an inordinate amount of
time, but his client does intend to rebuild the property. Councilman Lnenicka asked Mr. Kurtz if he
recognized the duty of the Council to provide for the health, safety and welfare of its citizens. Mr. Kurtz
said he did, and was not quarreling with that per se, he was quarreling with the method that was used
in this particular case.
After further discussion Councilman Cramer made a motion the decision of the Hearing Officer be
upheld. Councilman Newcomb seconded the motion which carried 7-0.
(E) Agent change - retail package sale of beer, wine and liquor
Bob Thomson stated that Daekwang, Inc., d/b/a as Oasis Bottle Shop has submitted an application for
a new owner/agent. The new owner will be Mr. Gang M Yi who is a citizen, living in the county and
appears to meet the requirements of the ordinance. There was no opposition.
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Councilman Hawkins asked Mr. Yi if he already worked at the store. Mr. Yi said he did, and had been
there since March 1993. He is purchasing the business and will be there every day as an on-site
manager. Mr. Yi said he had read and understood the ordinances as they pertain to the sale of alcoholic
beverages. Mr. Yi said he and his wife would manage the store with possibly one additional employee
in the future. Councilman Hawkins suggested to Mr. Yi that he make plans to ensure that his employees
are adequately trained and reminded him that he would be responsible for any violations that may occur.
Councilman Hawkins said this is a previously licensed location, not required to meet any distance
requirements. The police investigation was favorable regarding Mr. Yi and his wife, and made a motion
the license be approved as requested. Councilman Scoggins seconded the motion which carried 7-0.
(F) Alcoholic beverage license - retail pouring of beer and wine - Quintero Bros., Inc., d/b/a Las
American, 1047 Windy Hill Road
Bob Thomson stated that Martha L. Salazar is applying as the new agent and manager of Las American
Mexican Restaurant which is a new location. The police investigation was favorable and there was no
opposition.
Councilman Hawkins asked Ms. Salazar if she would be the on-site manager. Ms. Salazar replied that
she would, and that she had read and understood the ordinances of the City. Councilman Hawkins asked
about the training program for employees. Ms. Salazar said they would provide adequate training and
realized that she would be responsible. Councilman Hawkins said a survey has been submitted and the
location appears to meet the distance requirements and all other parts of the application seem to be in
order. Councilman Lnenicka asked when they would open for business and Ms. Salazar said they hoped
to have everything ready in 1 or 2 weeks.
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Councilman Newcomb asked about the name change indicated on the application for Mary Del Morales.
Ms. Salazar said that Pilar M. Quintero was the wife of the owner and had her name legally changed
from Mary Del Morales when she was married. Mrs. Quintero is also Vice President of the corporation.
December 6. 1993 meeting - continuedl
After further discussion Jim Hawkins made a motion the license be approved as requested. Councilman
Patrick seconded the motion which carried 7-0.
(G) Variance request - 886 Flagler Circle - to build an oversized accessory structure in back yard
Bob Thomson stated that Charles Davis is requesting this variance to build a 20' x 30' garage on the rear
portion of his property. There was no opposition.
... Mr. Davis said he needs the building to provide additional storage since his home does not have a
basement for his automobile and tools. Letters were submitted from the adjoining neighbors stating they
have no objections to the variance.
Councilman Cramer made a motion the variance be approved as requested. Councilman Hawkins
seconded the motion which carried 6-0. Councilman Lnenicka was not in the council chambers when the
vote was taken.
(H) Annexation of property - LL5545, 17th District, 2nd Section - S. G. Torrey Atlanta, Ltd., Highlands
Parkway
Councilman Wood stated this application was read and validated at the November 1, 1993 meeting and
made a motion the property be annexed into the City and made a part of Ward 7. Councilman Scoggins
seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Ordinance amendment - Chapter 14, Article IV, Section 14-78 - Title pawn license and new or used
car dealer's license
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Councilman Newcomb stated this proposed addition to the ordinance would prohibit the business license
department from issuing both a title pawn and car dealership license for the same location, which has
caused some problems in the past.
Councilman Newcomb made a motion the following new section be added to Chapter 14, Article IV of
the Code of Ordinances.
Section 14-78 - For the purpose of Title Pawn and new and/or used car licenses it shall be
prohibited for any individual, corporation, partnership or any other, including business to hold
both a used and/or new car business license and a Title Pawn License in the same business
location.
Councilman Hawkins seconded the motion which carried 7-0.
(B) Appointment to Planing and Zoning Board - Ward 2
Councilman Newcomb made a motion that Betty Turley be reappointed to the Planning and Zoning Board
representing Ward 2, for a full term. Councilman Cramer seconded the motion which carried 7-0.
(C) Commercial sanitation contract
Councilman Wood said the Finance and Administration Committee recommends approval of the contract
with Waste Management of Atlanta as the provider of commercial garbage pickup for the City, subject
to changes and wording noted by the committee and made a motion it be approved. Councilman
Newcomb seconded the motion which carried 7-0.
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COMMERCIAL BUILDING REPORTS: Nothing to report
BID AWARDS: Nothing to report
CONSENT AGENDA:
(A) Approval of November 15, 1993 minutes
(B) Approval to transfer CDBG funds
December 6. 1993 meeting - continued]
(C) Approval of sub-recipient agreement - 1993 CDBG funds totaling $201,905
(D) Approval to install three-way stop sign - Poplar Pointe at Oaks Parkway
(E) Install traffic signal - Cobb Parkway at Loehmann's Plaza
(F) Approval to mail notice of intent to annex five unincorporated islands
Councilman Bill Scoggins made a motion the consent agenda be approved. Councilman Ron Newcomb
seconded the motion which carried 7-0.
COUNCIL INPUT:
Councilman Patrick reported that for the first month of Sunday hours at the Library, there were a total
of 781 patrons and called on Laurel Best for a full report.
....,
Councilman Newcomb called on Mary Ann White for a report from Personnel. Mrs. White reported that
December is the open enrollment period for employees who wish to participate in the health care plan.
Councilman Jim Hawkins called on Kathy Barton for a report from the Clean City Commission. Mrs.
Barton reported that this Saturday, residents of Rose Garden community will sponsor a neighborhood
cleanup and facelift.
Councilman Hawkins called on Chief Larry Williams from the Fire Department who provided fire safety
tips for the holiday season.
Councilman Hawkins said he wanted to address a rumor that has been circulating throughout the City
about the new apartments under construction on South Cobb Drive. Apparently many residents have been
told that this will be Section 8 housing and that is simply not true. This development is being built by
Post Properties and one of the financing mechanisms they use to obtain low interest rates is to apply
through the Smyrna Housing Authority. Although a certain percentage of the units must be reserved for
lower or moderate income families, they still will have the ability to screen their prospective tenants and
rent to whomever they choose. Every Post apartment complex in the county is built through the same
means and this will not be subsidized housing as we know it.
Councilman Cramer called on Steve Ciaccio for a report from the Parks Department. Steve reported that ....,
the Christmas tree lighting is scheduled for this Friday at 7:00 p.m. and on Saturday, December 11th,
the Community Center will host a holiday bazaar featuring crafts from local vendors.
Councilman Cramer reported on a recent neighborhood meeting with residents of the Oaks of Concord.
Councilman Lnenicka read letters from citizens commending Officers Mike Brown, Robert Martin, Ron
Eaton and Frank Durrance. Councilman Lnenicka also read a letter from Chief Hook to the Marietta
Elks Lodge thanking them for their recent donation of $2400 to be used in the continuous fight against
illegal drugs.
Councilman Lnenicka also expressed his appreciation to the Ward 6 residents who came to the meeting
tonight regarding the Kingstowne annexation.
With no further business, meeting adjourned at 10:12 p.m.
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A. MAX BACON, MAYOR LINDA J.\MERON, CITY CLERK
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CHARLES PETE WOOD, WARD 7
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