October 5,1987 Council Meeting
The regular scheduled meeting of
Smyrna City Hall. The meeting
presiding officer Mayor A. Max
present was City Administrator
City Attorney Charles E. Camp and
Mayor and Council was held October 5, 1987 at
was called to order at 7:30 o'clock p.m. by
Bacon. All council members were present. Also
John Patterson~ City Clerk Melinda Dameron,
representatives of the press.
Invocation was given by Johnny Mackey,
followed by the pledge to the flag.
pastor of Smyrna Church of Christ,
Nothing to report.
DEPARTMENT REPORTS: Reports were given from Public Works,
Recreation Departments, and Clean City Commission.
Parks
and
COMMERCIAL BUILDING PERMITS:
(A) Handy Man Construction requested a building permit for Bill's Restaurant
at 1184 Concord Road at a total estimated cost of $354,000. Jim Hawkins made a
motion the permit be approved. Joel Harrell seconded the motion which carried
7-0.
(B) National Construction requested a building permit for a new Piccadilly's
Cafeteria at 2781 South Cobb Drive at a total estimated cost of $522,000. Jack
Shinall made a motion the permit be approved with the stipulation that they
leave a minimum 50 foot undisturbed buffer in the Stonecreek Road area. Jerry
Mills seconded the motion which carried 7-0.
PUBLIC HEARINGS:
(A) Zoning request - 1.19 acres at Spring Road and Village Parkway from RM-16
and R-15 to General Commercial.
John Patterson said that Christopher Gray of Stop-N-Go Markets is requesting
that this parcel be rezoned to facilitate a 3,090 square foot store with gas
pumps and canopy. There was a large group in opposition and representatives
from both sides were sworn in by Attorney Camp. Hugh Ragan stated before the
hearing began that he would abstain from voting since he has a relative
involved in the ownership of this property.
Mike Ford with Stop-N-Go presented plans of the proposed store which will be
the first one in Smyrna although there are about 35 Stop-N-Go stores in the
Atlanta area. It will be a hexagonal shaped building on a wooded lot with
plenty of buffers. Mr. Ford said they felt the highest and best use of the
property was for commercial use. Their investment will be over $1 million for
the building, land and equipment. This zoning will not set a precedent since
there is commercial zoning directly across the street. Mr. Ford said they
chose this location because of the existing traffic on Spring and Village
Parkway and the high density of apartments and townhomes, with some single
family.
Jerry Mills asked if they would later be requesting a beer and wine package
license. Mr. Ford said they would. and there are 3 homes within the 200 foot
radius requirement. These owners have already agreed to grant a waiver as
allowed by city ordinance. Bob Davis asked if it would create a problem for
them if the package license was later denied. Mr. Ford said it would. and if
that happened they would have to review their options and may consider selling
the property since that is a part of their contingency contract. Mr. Ford said
they would work with the City to be sure their development was not offensive
to the neighborhood and the standard 30 foot curb cuts on Spring and Village
Parkway should channel the traffic without any problems so that restrictions
on turns would not be required.
Linda Owens, John Davis and Jack Hammond all spoke in opposition because they
felt it would destroy the residential area and deteriorate property values.
Also, they were concerned with safety at the intersection; particularly since
the recent realignment of traffic lanes on Spring Road.
Joseph Spillane of 2101 Spring Road spoke in favor of the rezoning and said
the property is not suitable for single family developments. He thought it was
time this area was zoned commercial to allow people to use their property as
they wanted to. Following a question from Bob Davis, Mr. Spillane said he has
lived in Sandy Springs the past 20 years; the house at 2101 Spring Road is
rental property which he purchased for an investment.
October 5, 1987 - continued
Robert Smith said he has lived
this all zoning laws since
their property as they wanted to.
Drive since 1963 and was QPposed to
away the right of the people to use
Attorney Camp said that during the discussion there was some questions raised
about covenants. Restrictive covenants are void after 20 years and are
enforced through civil action.
Bob Davis said this proposed site is surrounded by residential property; the
future land use map also shows this site surrounded by residential use and the
predominant use now and in the future is residential. The applicants have
indicated they would need an alcoholic beverage license and in good faith, he
could not move forward with the rezoning of this property knowing that they
would not Ineet the requirements for an alcoholic beverage license. Based upon
the use of the area and proposed use of the property, ~ob Davis
made a motion the zoning be denied. Jim Hawkins seconded the motion. Jack
Shinall said he felt the petitioners had presented a plan at this
partiCular point and time does not address the safety aspects of this property
and does not address the detrimental effect and devaluation of the surrounding
neighborhoods. Jack said he felt that Spring Road was a clear dividing point
between commercial and residential, and would support the motion. Vote on the
motion to deny carried 6-0, with Hugh Ragan abstaining.
FORMAL BUSINESS:
(A) Approval of 1987 audit.
John Patterson said this is the second audit submitted by Arthur Young &
Company and it will be submitted to the Georgia Finance Officers Association
for a certificate of achievement for conforming to a number of accounting
standards. The audit shows the City to be .in sound f i.nanci.al condition.
Hugh Ragan said the audit was presented to council by Arthur Young & Company
last week. It is a lengthy doqument and was very well prepared. Hugh said
everything seems to be in proper order and made a motion the 1987 audit be
approved. Jerry Mills seconded the motion which carried 7-0.
(B) Appointment to Planning and Zoning Board - Ward 5.
Jack Shinall
Zoning Board
carried 7-0.
made a motion that Evelyn Kent be appointed to the Planning and
representing Ward 5. Kathy Brooks seconded the motion which
(C) Appointment to Parks and Recreation Commission - Ward 7.
Hugh made a motion Jerry
Commission representing
which carried 7-0.
reappointed to the Parks and
Jim Hawkins seconded the motion
Hughes
Ward
be
7.
(D) Appointment to Parks and Recreation Commission - Ward 3.
Jerry Mills made a motion Maurice Blount be reappointed to
Recreation Commission representing Ward 3. Bob Davis seconded the
carried 7-0.
(E) Appointment to clean City commission - Ward 3.
Jerry Mills made a motion that Bob Judsten be appointed to the clean City
Commission representing Ward 3. Jack Shinall seconded the motion which carried
7-0.
(F) Approval of 1988-89-90 C.D.B.G. agreement.
Hugh read a resolution to the cooperation agreement the
City Smyrna and Cobb County Community Development Block Grant funds
covering Federal fiscal years 1988-89-90 and made a motion it be approved.
Kathy Brooks seconded the motion which carried 7-0.
(G) Set date to hear appeal of Recorder's Court.
made a motion the appeal of Ray Lewis be heard October 19, 1987.
seconded the motion which carried 7-0.
Nothing to report.
minutes
state Grants projec:;t list
500 liners for San~tation Department
consent agenda be approved. Jack Shinall seconded
Everyone
City.
steve
Ciaccio,
the new Communications
reported
about 70%
rehabilitation program and sa~d Bank Street
asked
certain
to check the state Code on requirements for
as it pertains to street grade.
~n the audience who qualified for the Ward
extended an offer to an applicant for the Library
also have a vacancy for the Finance Director's
have filled in the near future.
With
business, meeting adjourned at 9:23 p.m.
a:BB o::x.N1Y o:::MLNI'lY DEVEI..C::PM3Nl' Bu::x:K GRANT PRCXiR.A'M
a::x:PERATICN AGREEMENT
FEDERAL FISCAL YEARS 1988. 1989. 1990
STATE CF GB:lRGIA
o::x.N1Y CF a:BB
This cooperation agreement ~de this
5
October
day of
1987. by Cobb County. a political subdivision of the State of Georgia
(hereinafter referred to as "County") and the City of
Smyrna
a political subdivision of the State of Georgia (hereinafter referred to as
"City"),
VllHEREAS. the United States Department of Housing and Urban Development
(hereinafter referred to as "~") has determined that the County is eligible,
as an Urban County. to receive Entitlement Community Developnrent Block Grant
(<DBG) funds under Ti tie I of the Hous ing and Com:mmi ty Development Act of
1974. as amended, to address certain needs of predominantly low and :moderate
1990 appropriations; and
~REAS. the funds received by the County will be used to improve the quality
of housing. public facilities, certain public service capital needs. and to
create and/or retain jobs. predominantly for low and :moderate inc~ persons;
and
VllHEREAS. the funds would benefit low and :moderate income citizens of the
County's incorporated amnicipalities. should the needs of such persons in such
amnicipalities be included in the Cobb County CDBG Program; and
Cooperation Agre~ent - Cobb County. Geor~ia CDBG Proiram: FFY 1988. 1989. 1990
VVHEREAS, Cobb County invites the participation of the incorporated
municipalities located in Cobb County in the County COmmunity Develo~nt Block
Grant Progrmn. upon the respective municipalities dedicating their population
counts in support of the County fonnula allocation of funds; and
WEREAS. the County agrees to carry out the objectives of the Housing and
Community Development Act, as mnended. throughout the unincorporated areas of
the County and to the City being a part of this agre~nt; and
VlHEREAS. the County agrees to submit to the City for review and conment any
plans, involving the use of CDBG funds for impl~ntation, affecting the City.
N:W, 'IHEREFCRE, BE IT RESOLVlD that the City of Smyrna hereby
elects to participate in the County's Community Develo~nt Block Grant (CDBG)
Progr mn,
three years (October 1, 1988 - September 30. 1991) and the City further states
its willingness to undertake or assist in the undertaking of eligible CDBG
activities funded by the Cobb County CDBG Progrmn.
BE IT FURTHER RESOLVlD that the County agrees to actively request tbe City's
involv~nt in the Con:munity Development Block Grant Progrmn and the County
agrees to accept the City's interest in undertaking eligible CDBG activities.
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COo~eration Agre~ent - CObb COunty. Georgia CDBG Progr~; FFY 1988. 1989. 1990
The COunty will have the responsibility for approving projects as eligible for
fundi their selection by the Mayor and COuncil of the City of
The COunty will also have the responsibility for
filing annual grant requests and other docUlnents and reports with H..D. The
City will provide the necessary doc~ntation. with technical assistance from
the COunty. for projects funded with CDBG funds allocated to the City by the
COunty. The City agrees that it will enter into an Intergovernmental
Agre~ent for each of the three years of the period FFY 1988. 1989. and 1980
for the use of such funds as are approved by the COunty for the City for each
of the respective years.
BE IT FLR'IHER RESOLve::> that the City of Smyrna and the County
hereby agree to cooperate in undertaking. or assisting in undertaking.
essential cmn:nunity renewal and lower income housing assistance activities.
specifically urban renewal and publicly assisted housing within the municipal
limits of said City in order to effectively accomplish the purposes of the
HOusing and COmmunity Development Act of 1974 (P.L. 93-383). as wrnended.
BE IT FLR'IHER RESOLve::> tha t the Mayor of the Ci ty of Smyrna
is hereby authorized to execute any and all doc~nts necessary as a condition
for the City's participation under the ter~ of the afor~entioned HOusing and
COmmunity Development Act of 1974. as wrnended. It is hereby agreed to by the
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COoperation A~reement - CObb CO~ty. Geor~ia CDBG Pro~rwn; FFY 1988, 1989. 1990
parties signed hereto that neither party shall terminate this cooperation
agreement after the date first written above nor before the end of the three
year period (FFY 1988. 1989. 1990) established under the terms of the HOusing
and COmmunity Develo~nt Act of 1974. as wnended; except upon cancellation by
HUD of its obligation to the COunty under the aforementioned Act. or except if
the COunty fails to quality as an Urban COunty or if the COunty does not
receive a CDBG grant in any year of rhe three year period previously
ident ilied.
BE IT FURTHER RESOLVED thar the COunry will take all required actions to comply
with the provisions of Title VI of the Civil Rights Act of 1964. Title VlII of
the Civil Rights Act of 1968. Section 109 of Title I of the Housing and
COmmunity Development Act of 1974. as amended. and other applicable laws.
BE IT FUR'IHER RESOLVED that if the Ci ty undertakes any act ivi ties wi th
COmmunity Development Block Grant funds. the City will take all required
actions to comply with the provisions of Title VI of the Civil Rights Act of
1964. Title VlII of the Civil Rights Act of 1968. Secrion 109 of Title I of the
HOusing and COmnwnity Develo~nt Act of 1974. as mnended. and other applicable
laws.
BE IT FLRlHER RESOLVED that if the City generates any program income as a
result of the expenditure of CDBG funds. that the following provisions apply:
a. The City recognizes that it must notify the COunry of any program
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COoperation Aire~ent - CObb G9~ty. Georiia CDBG Proir~; FFY 1988. 1989. 1990
income during the calendar month that such program income is
generated;
b. That any such progr~ income :must be paid to the COunty by the end of
the City's fiscal year in which the program income is generated or may
be retained by the City, upon formal written request to the COunty [and
subsequent formal wr i tten approval by the COunty] request ing COunty
approval of the City's retention of such program income. provided that
the City's retention and subsequent use of the program income meets the
requiretnents of provisions "c", "d". and "e", (innlediately below);
c. That any prowr~ income the City is authorized to retain by the COunty
xmJ-y be used only for eliffible activities in accordance with all CDBG
requirements, as may then apply.
_____~_____ .....'L.:_..... ...'L_ ,.,...,.__..._.._.. 1-__ ..1;;.;...,.. __r__......C'!!.;.....;1..;..Y7 4=_-r
monitoring and reporting to the U.S. Department of ~using and Urban
Development (HlD) on the use of any such program income. The
responsibility for appropriate recordkeeping by the City and reporting
to the COunty by the City on the use of such progr~ income is hereby
recognized by the City. The County agrees. herein. to provide
technical assistance to the City in establishing an appropriate and
proper recordkeeping and reporting system, as required by HUD.
e. That in the event of close-out or change in status of the City, any
program inc~ that is on hand or received subsequent to the close-out
Page 5 ODisk: Urban CO. ~al #1 1988-90; File: 914CoAgrJDoc]
Coo~eration Aireement - Cobb County. Geor~ia CDBG Proir~; FFY 1988. 1989. 1990
or change in status shall be paid to the County by the end of tbe
City's fiscal year during which such progr~ income is generated.
should close-out or change in status of the City occur. The County
agrees to notify the City. should close-out or change in status of the
City occur.
BE IT FURTIiER RESOLVED that the following standards shall apply to real
property (within the control of the City) acquired or Unproved. in whole or in
part. using CDBG funds. The standards are:
a. The City shall inform the County at least thirty (30) days prior to any
modification or change in the use of the real property from that
planned at the time of acquisition or improvements including
dispos i tion;
b. The City shall reimburse the County in an amount equal to the current
fair market value (less any portion thereof attributable to
e~penditures of non-CDBG funds) of property acquired or improved with
CDBG funds that is sold or transferred for a use which does not qualify
under the CDBG regulations. Said reimbursement shall be provided to
the County at the time of sale or transfer of the property referenced.
herein.
c. Any program income generated from the disposition or transfer of
property prior to or subsequent to the close-out. change of status or
termination of the cooperation agreement between the County and the
City shall be repaid to the County at the time of disposition or
transfer of the property.
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Cooperation Agreanent - Copb County. Geor~ia CDBG Progr~. FFY 1988. 1989. 1990
Adopt ed thi s
5 day of
October . 1987.
FeR a:BB a::::t..NIY. GIORGIA
FOR '!HE CI'IY OF
SMYRNA
BY:
BY:
or
Pursuant to a resolution adopted
by said City Council on the 5
October . 1987.
ATIEST:
City Clerk
N~e or Title (Typed or Printed)
Earl n. Board of
COn:n:l.i s s ioner s of Cobb County.
Georgia pursuant to a
resolut ion adopted by said
Board on the ::::1...9~ day of
~..- . 1987",..
Approved:
Signa
Iv- ""^ r"\ B. Gt 10\1 e v-
Name of County At torney (Typed
or Printed)
[AFFIX CITY SEAL rEREJ
NDve,-,-d?<L..- 3) 1'1)('1
Date of Approval
I do hereby certify that the
above certification agreement.
to the best of mw knowledge and
belief. complies with all the
laws of the State of Georgia
and 0 f Cobb County. '!hi s
agreement provides full legal
authority for the County to
undertake or assist in
undertaking essential community
d eve I 0 pm en tan d h 0 us i n g
activities. specifically urban
renewal and publicly assisted
housing.
Page 7
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Cooperation A~reement - Cobb County. Georgia CDBG Progr~: FFY 1988. 1989. 1990
Cobb County Community Develop~nt Block Grant Progrmn
Cooperation Agreement
FFY 1988-1990
RR..q'](j Jl"ICN
~REAS, Cobb County extends an invitation to the City of Smyrna
to join wi the County in its Community Development Block Grant Progrmn for
the period r I, 1988 - September 30, 1991 (FFY 1988-FFY 1990); and
WEREAS .
Progrmn to
and
County offers to extend the Cmnmunity Development Block Grant
cover the entirety of the City of Smyrna
~REAS, the City of Smyrna would receive funds from
this progrwmwhich would benefit primarily the low and moderate income citizens
of this City. and
~REAS. it is anticipated that this benefit is more desirable than that which
e derived from the City of Smyrna attempting to secure
compa Ie funding independent of the Cobb County COmmunity Development Block
Grant Progr~; and
N::W 'lFEREFCRE, BE IT
hereby elects to parti
Progr also e
Cobb ty's entit
Hous ing and Urban De
that the City of Smyrna
the County's Community Development Block Grant
e its population included in the calculation of
(Urban County) funds by the U.S. Department of
nt.
BE IT FtR'n-ER t ha t the Ci t Y 0 f Smyrna 8M 11
formalize its part ion in the Cobb County CDBG Progrwm by becoming a party
to a Cooperation Agreement with Cobb County and through annual
I govermnental Agreements with Cobb County for each of the three years
ber 1. 1988 - September 30, 1991) embodied in this Cooperation Agreement.
BE
such annual Intergovernmental Agreements
individually, during each respective year,
a regularly scheduled ~eting.
should
by a
BE IT STILL FURTI-mR RESOLVID tha t the Ci ty of Smyrna
hereby empower s the :Mayor to execute said Cooperation Agreement wi th Cobb
County.
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~operation Aireement - CObb COunty. G~or~ia CDBG Proirrorn: FFY 1988. 1989. 1990
CDBG COoperation Agreeroent Resolution
October 5 ,1987
Page .2
BE
thi
this date.
RESOLVED that said COoperation Agreement shall be appended to
and nade a part of the official nnnutes of the City COuncil for
Adopted this
of
October
Mayor
is to certify that the attached COoperation Agreement with the CObb COunty
of Commi$sioners ticipation in the Cobb County COmmunity
ent Block Grant P am for FFY 1988 - FFY 1990 was approved and
in the regular ~et1ng of City COuncil held October 5
This
Boar
Dev
adopted
1987.
This is to further certify that the attached is a true and correct copy of said
"COopera A&.reeroent" as placed into the nnnutes of the Ci ty COunci 1 ~et ing
held on e 5 day of October , 1987.
Signature of City Clerk
Melinda Dameron
Typed Name of City Clerk
Wi tnes s :
Thi s the
COanUssion expires:
Page 9
(Affix City Seal Here)
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