09-20-2010 September 20, 2010September 20, 2010
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present were City Administrator Eric Taylor, City Clerk
Susan Hiott, Acting City Attorney Jeffrey Tucker, Public Works Director Scott Stokes, Library
Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community Development
Director Ken Suddreth, Police Chief Stan Hook, Community Relations Director Jennifer Bennett,
Parks and Recreation Assistant Director Tanya Jackson, Assistant Fire Chief Roy Acree, Finance
Director David Boyd, Human Resources Director Kay Bolick, Management Fellow Jered
Sigmon, Assistant City Administrator Tammi Saddler and representatives of the press.
Invocation was given by Reverend Diana Cunningham from Shaw Temple, followed by the
pledge to the flag.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
Mayor Bacon recognized Mr. Scott McDearman, who provided details to those present regarding
his candidacy for a post in the State house of representatives.
(A) Proclamation in Recognition of Scalini's for 30 Years in Business
Council Member Pritchett recognized Mr. John Bogino and other representatives of Scalini's, and
read a Proclamation in Recognition of Scalini's to those present. Council Member Pritchett
congratulated the Scalini's staff for their long and successful presence in the City.
Mayor Bacon recognized Ms. Maryline Blackburn, who provided details to those present
concerning her candidacy for the 34`'' District seat of the House of Representatives.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing -Rezoning Request Z10-014 -Rezoning from R-15 to LC - 0.248 acre
tract -Land Lot 381 - 600 Concord Road -City of Smyrna
Mr. Taylor stated this rezoning proposal has been requested by the City.. Mr. Taylor stated the
Planning and Zoning Board (PZB) and staff support this rezoning request.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth provided additional information regarding this rezoning application. Mr. Suddreth
stated a residential structure is on the property, but it is used for commercial purposes.
MOTION: Council Member McNabb made a motion to approve Rezoning Request Z10-014
from R-15 to Limited Commercial fora 0.248 acre tract in Land Lot 381 at 600 Concord Road
for the City of Smyrna. The motion was seconded by Council Member Pritchett. Motion was
approved 7 - 0.
Scptcmb~r 20 X010
I'RIVILLGE LICENSI__
There ~a~cre none.
(:C~IZM11_BUSINI,S_S_:
"I Kerr was none.
Cf?MMERC(AL BUILDING PERMII~S:
( r1 j Acceptance of commercial building permit for Kace Trac Gas Station, 1461 Veterans
Ntemorial 1 Ii~,hway at Oakdale Road - U.S. General Construction, Inc.
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Mr. Tavlor provided details to those present concerning the proposed commercial structure. Mr.
favlor stated staff recommends acceptance of this permit request.
I~~1r tiuddreth stated a decision was made to accept this permit instead of approving it so that staff
could administratively issue the permit in order to prevent further delay.
MO~f 1ON: Council Member Wood made a motion to accept a commercial building permit for
Race 'I`rac Gas Station, 1461 Veterans Memorial I-iighway at Oakdale Road for U.S. General
C'unstruclion, lnc. '[~he motion was seconded by Council Member Smith. Motion was approved
7-0.
CONSIGN"h AGENDA:
(A) Approval of September 7, 2010 minutes
C B) Change l' fiscal Year 2010 Plans for Rosegarden Park CDBG Project
(t') Approval ofcul-de-sac closing at Woodhaven Way for family fall party on October 2,
2010 from 2:OU p.m. to 6:00 p.m. for neighborhood family fall party
(C>> Approval of code amendment to the City of Smyrna Code of Ordinances -Parks and
Recreation -Section 70-2 (c) 4 -changing parking of vehicles time limitations
MU"LION: Council Member Wood made a motion to approve the consent agenda. The
nu~tion was secondal by Council Member Smith. Motion was approved 7 - 0.
Council Member Pritchett recognized Ms. Hiott, who provided information concerning recent
court services operations. Council Member Nritchett provided details to those present concerning
a recent groundbreaking ceremony for the new Galleria Manor senior living community.
Conncii Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent building statistics.
Council Member Auulewicz provided details to those present concerning numerous cases of
whuopin~~ cough recently reported.
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1Z~?010-8
September 20 2010
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
There was none.
COMMERCIAL BUILDING PERMITS:
(A) Acceptance of commercial building permit for Race Trac Gas Station, 1461 Veterans
Memorial Highway at Oakdale Road - U.S. General Construction, Inc.
2
Mr. Taylor provided details to those present concerning the proposed commercial structure. Mr.
Taylor stated staff recommends acceptance of this permit request.
Mr. Suddreth stated a decision was made to accept this permit instead of approving it so that staff
could administratively issue the permit in order to prevent further delay.
MOTION: Council Member Wood made a motion to accept a commercial building permit for
Race Trac Gas Station, 1461 Veterans Memorial Highway at Oakdale Road for U.S. General
Construction, Inc. The motion was seconded by Council Member Smith. Motion was approved
7-0.
CONSENT AGENDA:
(A) Approval of September 7, 2010 minutes
(B) Change Fiscal Year 2010 Plans for Rosegarden Park CDBG Project
(C) Approval of cul-de-sac closing at Woodhaven Way for family fall party on October 2,
2010 from 2:00 p.m. to 6:00 p.m. for neighborhood family fall party
(D) Approval of code amendment to the City of Smyrna Code of Ordinances -Parks and
Recreation -Section 70-2 (c) 4 -changing parking of vehicles time limitations
MOTION: Council Member Wood made a motion to approve the consent agenda. The
motion was seconded by Council Member Smith. Motion was approved 7 - 0.
COMMITTEE REPORTS:
Council Member Pritchett recognized Ms. Hiott, who provided information concerning recent
court services operations. Council Member Pritchett provided details to those present concerning
a recent groundbreaking ceremony for the new Galleria Manor senior living community.
Council Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent building statistics.
1
Council Member Anulewicz provided details to those present concerning numerous cases of
whooping cough recently reported.
September 20, 2010
Council Member McNabb recognized Mr. Stokes, who provided information concerning recent
public works projects.
Council Member McNabb recognized Ms. Kirk, who thanked everyone who assisted with the
recent Work Glove Luncheon for the City's employees who work outdoors. Ms. Kirk provided
details concerning a shredding event and, the upcoming dedication of the Community Garden.
Council Member McNabb commented favorably about the Taste of Smyrna event. Council
Member McNabb urged everyone to get involved in the upcoming election.
Council Member Smith recognized Ms. Bennett, who provided details to those present
concerning the Taste of Smyrna event. Ms. Bennett reported that the City has received
recognition for its new website from Juggle.com, and thanked everyone who assisted with its
creation.
Council Member Smith recognized Ms. Jackson, who provided details concerning the upcoming
dedication for North Cooper Lake Park.
Council Member Smith recognized Mr. Seigler, who provided details to those present concerning
use statistics, programs and events at the City Library.
Council Member Lnenicka provided details to those present concerning the recent recovery of a
fifteen year old resident who had been kidnapped and commended the City police for their
efforts. Council Member Lnenicka stated some review of information is underway to help gauge
the City's readiness for a catastrophic gas pipeline explosion such as the one which recently
occurred in California. Council Member Lnenicka provided details concerning the upcoming
meeting of the Westchester Commons HOA. Council Member Lnenicka provided details to those
present concerning a meeting of the U. S. Army Rangers Association he recently attended in
Texas. Council Member Lnenicka provided details to those present regarding Brooke Army
Medical Center and care provided to U. S. military personnel. Council Member Lnenicka talked
about Viet Nam War veteran Mike Ranger and his visitation of wounded soldiers in hospital.
Council Member Lnenicka discussed numerous cases of soldiers who have demonstrated great
fortitude in the face of adversity.
Council Member Wood recognized Mr. Boyd, who provided details regarding the evaluation of
new financial software. Mr. Boyd provided information concerning the new mailing address for
water bills and payment processing. Mr. Boyd stated there is no outsourcing involved in this
process, and that no Cityjobs have been eliminated as a result.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Cliff Christiansen, an associate of Security Exchange Bank, who
provided information to those present regarding some new homes being built in the community.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:25 p.m.
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September 20, 2010
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A. MAX BACON, MAYOR
MELLENY PRITCHETT, WARD 1
TERI ANULEWICZ ,WARD 3
JIMMY D. SMITH, WARD 5
CHARLES PETE WOOD, WARD 7
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S SAN D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
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MICHA L MCNABB, WA 4
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1f W/ ADE S. Le~NENi KA, WARD 6
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ORDINANCE No. 2010-10
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 70, PARKS AND
RECREATION, CITY OF SMYRNA, GEORGIA, BE AMENDED TO
PROVIDE UPDATED REQUIREMENTS FOR HOURS FOR PARKING
WITHIN PUBLIC PARK FACILITIES . BE IT ORDAINED BY THE
MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Sec. 70-2 (c) (4), City of Smyrna, Georgia, be amended to read
as follows:
Sec. 70-2 (c) (4)
"It shall be unlawful for any vehicle to be parked on any of the drives, avenues or
parking lots in any public park between the hours of 11:00 p.m. and 7:00 a.m.
daily."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 20th day of September, 20 0.
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A. Max Bacon, Mayor
Attest:
~' ~ /' i % __ ,r
S san D. Hiott, City Clerk
City of Smyrna
Attorney
Approved as to form:
R2010-8
AUTHORIZING RESOLUTION
WHEREAS, in furtherance of the purposes for which it was created, the Downtown
Smyrna Development Authority (the "Authority") proposes to issue not to exceed $15,950,000 in
original aggregate principal amount of its Taxable Economic Development Revenue Bonds,
Series 2010 (the "Series 2010 Bonds"), in order to finance the costs of acquiring, constructing,
and redeveloping the site of an existing apartment complex, known as the "Hickory Lakes
Apartments," located within the geographical area of the Authority, which is the corporate limits
of the City of Smyrna, including, without limitation, demolishing the existing apartment complex
and preserving the site for future development (the "Project"), and related costs; and
WHEREAS, the City of Smyrna (the "City") is authorized by Article IX, Section III,
Paragraph I(a) of the Constitution of the State of Georgia of 1983, to contract for any period not
exceeding fifty years with the Authority for joint services, for the provision of services, or for the
joi~it or separate use of facilities or equipment but such contracts must deal with activities,
services, or facilities that the contracting parties are authorized by law to undertake or provide;
and
WHEREAS, the City is authorized by Section 48-5-350 of the Official Code of Georgia
Annotated to levy and collect municipal taxes upon all taxable property within the limits of the
City to provide for financial assistance to the Authority for the purpose of developing trade,
commerce, industry, and employment opportunities; provided the tax levied for the purposes
provided in that code section shall not exceed three (3) mills per dollar upon the assessed value
• of the property; and
. WHEREAS, in consideration of the issuance of the Series 2010 Bonds by the Authority
to finance the costs of acquiring, constructing, and redeveloping the Project, the City proposes to
enter into an Intergovernmental Economic Development Contract (the "Contract"), to be dated as
of the first day of the month of its execution and delivery, with the Authority, under the terms of
which the City will agree to (1) make payments to the Authority in amounts sufficient to enable
the Authority to pay the principal of, premium, if any, and interest on the Series 2010 Bonds
when due, and (2) levy an annual ad valorem tax on all taxable property located within the
corporate limits of the City, at such rates within the three (3) mill limit authorized pursuant to
Section 48-5-350 of the Official Code of Georgia Annotated and within the fifteen (15) mill limit
prescribed by Section 50 of the City's Charter, or such greater millage limit hereafter authorized
under applicable law, as may be necessary to produce in each year revenues that are sufficient to
fulfill the City's obligations under the Contract; and
WHEREAS, the Authority proposes to adopt a Master Bond Resolution on October 5,
2010 (the "Bond Resolution"), authorizing the issuance of the Series 2010 Bonds, and the
Authority has furnished the City with the form of the Bond Resolution; and
WHEREAS, pursuant to the Bond Resolution, the payments to be received by the
Authority from the City pursuant to the Contract will be pledged to, and a first priority lien will
be created thereon as security for, the payment of principal of, premium, if any, and interest on
ATLANTA:5255972.2
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the Series 2010 Bonds and any Additional Bonds (as defined in the Bond Resolution) that may
be issued; and
WHEREAS, the Bond Resolution sets forth, among other things, that the Series 2010
Bonds shall bear interest at the rate or rates per annum to be specified in a resolution
supplementing the Bond Resolution (the "Supplemental Resolution") to be adopted by the
Authority (but which shall not in any event exceed a maximum per annum rate of interest of
7.50%), computed on the basis of a 360-day year consisting of twelve 30-day months, payable on
February 1, 2011, and semiannually thereafter on each August 1 and February 1 and shall mature
on February 1, in the years (with a term not exceeding 40 years) and in the principal amounts to
be specified in the Supplemental Resolution (provided the principal of and interest on the Series
2010 Bonds payable in any fiscal year of the City shall not in any event exceed a maximum
amount of $1,500,000), unless earlier called for redemption; and
WHEREAS, the Authority plans to sell the Series 2010 Bonds to Morgan Keegan &
Company, Inc. (the "Underwriter") pursuant to a Bond Purchase Agreement to be entered into
between the Authority and the Underwriter; and
WHEREAS, it is contemplated that the Series 2010 Bonds will be sold in the near future
and in finalizing the terms of the Series 2010 Bonds and to accept the offer of the Underwriter to
purchase the Series 2010 Bonds, the Authority plans to adopt the Supplemental Resolution, and
the Supplemental Resolution will set forth, in addition to the interest rate or rates that the Series
2010 Bonds will bear and the principal amount to mature in each year, the aggregate principal
amount of the Series 2010 Bonds to be issued, the optional redemption provisions pertaining to
. the Series 2010 Bonds, the maturities of the Series 2010 Bonds that may be designated as terns
• bonds and subject to mandatory redemption, and the purchase price and other terms of the sale of
the Series 2010 Bonds to the Underwriter; and
WHEREAS, the City has requested the Authority to authorize the marketing of the
Series 2010 Bonds by means of a Preliminary Official Statement (the "Preliminary Official
Statement") and an Official Statement, to be dated the date of its execution and delivery (the
"Official Statement"), both of which shall contain, among other things, information about the
Authority, the City, and the Project; and
WHEREAS, after careful study and investigation, the City desires to enter into the
Contract;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Smyrna as follows:
1. The form, terms, and conditions and the execution, delivery, and performance of the
Contract, which has been filed with the City, are hereby approved and authorized. The Contract
s}iall be in substantially the form submitted to the Mayor and Council of the City with such
changes, corrections, deletions, insertions, variations, additions, or omissions as may be
approved by the Mayor or Mayor Pro Tem. of the City, whose approval thereof shall be
conclusively evidenced by the execution of the Contract.
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ATLANTA:5255972.2
2. The Mayor or Mayor Pro Tem. of the City is hereby authorized and directed to
execute on behalf of the City the Contract, and the City Clerk of the City is hereby authorized
and directed to affix thereto and attest the seal of the City, upon proper execution and delivery of
the Authority, provided, that in no event shall any such attestation or affixation of the seal of the
City be required as a prerequisite to the effectiveness thereof, and the Mayor or'Mayor Pro Tem.
and City Clerk of the City are authorized and directed to deliver the Contract on behalf of the
City to the Authority, and to execute and deliver all such other instruments, contracts,
documents, affidavits, or certificates (including, without limitation, the Bond Purchase
Agreement, a Rule 15c2-12 Certificate, and a Continuing Disclosure Certificate) and to do and
perform all such things and acts as each shall deem necessary or appropriate in furtherance of the
issuance of the Bonds and the carrying out of the transactions authorized by this Resolution or
contemplated by the instruments and documents referred to in this Resolution.
3. The use and distribution of the Preliminary Official Statement and the Official
Statement with respect to the Series 2010 Bonds shall be and is hereby authorized, ratified,
confirmed, and approved, and execution and delivery of the Official Statement in final form shall
be and is hereby authorized, ratified, confirmed, and approved. The Mayor or Mayor Pro Tem.
is hereby authorized and directed to ratify, confirm, approve, execute, and deliver the Official
Statement on behalf of the City, and the execution of an Official Statement by the Mayor or
Mayor Pro Tem, shall constitute conclusive evidence of the Mayor or Mayor Pro Tem.'s
ratification, confirmation, approval,. and delivery thereof on behalf of the City.
4. The Mayor and Council shall conduct a public information meeting on the Project on
• Wednesday, October 27, 2010, at 7:00 p.m., in the Smyrna Community Center, in order to
provide interested persons with information regarding the project.
• 5. This Resolution and the Contract, as approved by this Resolution, which is hereby
incorporated in this Resolution by this reference thereto, shall be placed on file at the office of
the City and made available for public inspection by any interested party immediately following
the passage and approval of this Resolution.
PASSED, ADOPTED, SIGNED, APPROVED, and EFFECTIVE this 4th day of
October 2010.
CITY OF SMYRNA
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(SEAL) By: ~ ~ ~ ~
Mayor
Attest:
...
Ci y Clerk
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ATLANTA:S2SS972.1
CITY CLERK'S CERTIFICATE
I, SUSAN D. HIOTT, the duly appointed, qualified, and acting City Clerk of the City of
Smyrna (the "City"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter
constitute a true and correct copy of a resolution adopted on October 4, 2010, by the Mayor and
Council of the City in a meeting duly called and assembled in acc rdance with applicable laws
and with the procedures of the City, by a vote of _~? Yea and Nay, which meeting was
open to the public and at which a quorum was present and ac ing throughout, and that the
original of the foregoing resolution appears of public record in the Minute .Book of the City,
which is in my custody and control.
GIVEN under my hand and the seal of the City, this 4th day of October 2010.
(SEAL)
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'`Cit~ Clerk, City of Smyrria
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