09-16-1991 Regular MeetingSeptember 16, 1991
The regular scheduled meeting of Mayor and Council was held September 16,
1991 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 John Patterson, City Clerk
Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director
Sherry Reavis, Personnel Director Jane Mears, City Engineer Ken Hildebrandt,
Fire Chief Larry Williams, Public Works Director Vic Broyles, Police Chief
Stan Hook, Communications Director Steve Ciaccio, Library Director Laurel
Best, Finance Director Emory McHugh and representatives of the press.
Invocation was given by Larry Wiley, pastor of Smyrna Worship Center followed
by the pledge to the flag.
CITIZENS INPUT: On behalf of the Friends of the Library, Holly Cash thanked
the Mayor and Council for making library cards available to non-residents.
Also, at the Fall Festival on September 28th, the Library will have a sale of
used books. Mrs. Cash also reminded everyone to save their Big Star grocery
receipts and Campbell Soup labels which can be credited towards purchases of
computers and VCR equipment.
Charlie Phillips with the Clean and Beautiful Commission presented a set of 6
books to the Friends of the Library and stated it was encouraging to see the
way the city is evolving. Mr. Phillips also complemented Southern States
Environmental Services for the beautiful landscaping at their South Cobb
Drive location.
Sue Brissey stated that September 28th is Clean up Georgia Day and invited
all elected officials to come to the recycling center and meet the
volunteers.
PUBLIC HEARINGS•
(A) Ordinance amendment - Section 709 - Limited Commercial District
John Patterson stated an amendment has been proposed for the zoning ordinance
to add a new paragraph to the Limited Commercial category that would allow
animal hospitals and veterinary clinics within that classification, with
certain stipulations. There were no comments or objections from the audience.
Jim Hawkins said we do not have a,good category for veterinary clinics and
some of the other local governments allow animal clinics in LC and are
considered professional businesses. Jim Hawkins made a motion the zoning
ordinance be amended to include the following new paragraph:
Sec. 709.12. Animal hospitals and veterinary clinics provided that:
(1) No open kennels or outside runs shall be allowed on the property.
(2) No animals shall be housed overnight except when releasing the
animal would be detrimental to the animal's health.
(3) Any structure containing animals shall be insulated in such a way
that no outside noise is detectable within (10) feet of the
structure.
(4) All structures shall be located at least (100) feet from any
property zoned or used for residential property.
Bill Scoggins seconded the motion which carried 7-0.
(B) Zoning request - 1020 Concord Road from Future Commercial to General
Commercial
John Patterson stated that Mr. D. L. Eubanks is requesting this zoning change
to allow his daughter to use the property for a veterinary clinic. The
original zoning application was for General Commercial use but the Planning
and Zoning Board suggests an intervening classification of Limited
Commercial. There was no opposition.
Diana Eubanks represented her father in the zoning request and stated that
Limited Commercial was acceptable with the restrictions just approved. Ms.
Eubanks said she would be opening a veterinary clinic for small animals at
the location. There are no plans for major structural changes other than what
will be required by the City and they would meet all other requirements
including a planted buffer or fence on the back property line. There are no
September 16, 1991 meeting - continued
plans for open kennels and they are also planning to install soundproofing
around the cages.
Jim Hawkins stated that under the original application there are still four
variances that will be required and made a motion the rezoning be approved
from Future Commercial to the intervening classification of Limited
Commercial for use as a veterinary clinic. Jack Shinall seconded the motion
which carried 7-0.
(C) Privilege license - liquor, beer and wine package sales - Spring Road
Package Store, 1669 Spring Road
John Patterson stated that Song Hie Woodall has applied as the new
owner/manager for Spring Road Package Store, formerly Sterling Package. There
was no opposition.
Ms. Woodall said as the owner and manager she would be on the property at all
times and would card all customers. Although she has never held a liquor
license, Ms. Woodall said she had worked in a liquor store for a short time.
Also, she had been given a copy of the alcoholic beverage ordinance and
indicated that she understood them. Bill Scoggins reminded Ms. Woodall that
she cannot sell groceries other than snack items. Mayor Bacon also cautioned
Ms. Woodall that we have sting operations from time to time and she should be
very careful about checking for identification.
Bill Scoggins stated the police investigation was favorable and made a motion
the license be granted. Wade Lnenicka seconded the motion which carried 7-0.
(D) Home occupation license - Twin B, Inc., 2195 Beech Valley Drive
John Patterson stated that Thomas Pratt has applied for a home occupation
license for an office only, with no employees or storage. This item was
tabled at the last meeting and there was no opposition.
Mr. Pratt said he had invented an apparatus to eliminate tree stumps and
wanted to start his business'on a part time basis. Sales will be generated
through mail order with the product shipped directly from the manufacturer to
the customer. There will not be any customers coming to his home. Mr. Pratt
said he originally intended to store some inventory at his home but realized
it was not allowed under the home occupation ordinance. He has since made an
agreement with the manufacturer who will ship directly to the consumer.
Signatures were also obtained from the neighbors within a 300 foot radius
stating they had no objection.
Bob Davis made a motion the license be approved as requested. Bill Scoggins
seconded the motion which carried 7-0.
(E) Home occupation license - Elder -Sitters Home Health Care Professional,
441 Hickory Acres Drive
John Patterson stated that Ms. Sherrell Bentley is applying for a license to
operate a home health care agency from her home. There was no opposition.
Ms. Bentley said her home would be used only for office work. Health care
professionals will be sent to patients homes to assist in a rehabilitation
process through orders given from the physician. Ms. Bentley said her
business is conducted through referrals made by hospitals, nursing homes and
hospices and there would be no sign of business at her home.
Jack Shinall made a motion the license be approved. Jim Hawkins seconded the
motion which carried 7-0.
(F) Smyrna Comprehensive Plan 1991 - 2001
John Patterson stated this act tonight would conclude years of study and
effort on the part of the council, Cobb County Planning Department and
others. The comprehensive -plan is intended to provide the guidance for future
land development decisions. John Patterson read the ordinance as follows:
SMYRNA COMPREHENSIVE PLAN 1991-2001
An ordinance to adopt the Smyrna Comprehensive Plan 1991-2001; as submitted
to the Atlanta Regional Commission pursuant to the requirements of the Growth
September 16. 1991 meeting - continued
Strategies Act;- to provide an effective date; to repeal conflicting
ordinances; and for other purposes.
WHEREAS: The State has adopted legislation, requiring that each jurisdiction
whether it be city, county, or city and county prepare a comprehensive plan;
and
WHEREAS: Said plan must comply with all of the applicable provisions of the
Minimum Planning Standards and Procedures of the Georgia Planning Act of
1989; and
WHEREAS: The Planning and Zoning Board has been working at the direction of
Mayor and Council since June of 1989 on the formulation of the components
comprising the Smyrna Comprehensive Plan 1991-2001; and
WHEREAS: The Planning and Zoning Board has recently completed preparation of
the Smyrna Comprehensive Plan 1991-2001 and at a public hearing on June 10,
1991 approved a recommendation to Mayor and Council authorizing the official
transmittal of the Smyrna Comprehensive Plan 1991-2001 to the Atlanta
Regional Commission; and
WHEREAS: The Mayor and Council at a public hearing on June 17, 1991 approved
the recommendation from the Planning and Zoning Board authorizing the
transmittal of the Smyrna Comprehensive Plan 1991-2001 to the Atlanta
Regional Commission; and
WHEREAS: The Atlanta Regional Commission has completed its formal review of
the Smyrna Comprehensive Plan 1991-2001 and has determined that the Smyrna
Comprehensive Plan 1991-2001 satisfies all of the applicable provisions of
the Georgia Planning Act of 1989; and
WHEREAS: The Atlanta Regional Commission has transmitted these findings to
the Georgia Department of Community Affairs; and
WHEREAS: The Georgia Department of Community Affairs has completed its
review and concurs with the Atlanta Regional Commission findings; now
THEREFORE: Be it ordained that the Smyrna Comprehensive Plan 1991-2001 is
hereby adopted. Be it further ordained that this ordinance shall take effect
upon its passage, and that all ordinances and parts of ordinances in conflict
herewith are hereby repealed.
There were no questions or comments from the audience and Bob Davis made a
motion the plan be adopted. Jim Hawkins seconded the motion which carried
7-0.
(G) Annexation of Kentucky Fried Chicken property - 4499 South Cobb Drive
There was no opposition to the annexation request and Pete Wood made a motion
the Kentucky Fried Chicken on South Cobb at Camp Highland Road be annexed
into the City and made a part of Ward 7. The legal description was read and
made a part of the minutes of the August 19, 1991 meeting. Wade Lnenicka
seconded the motion which carried 7-0.
(H) Privilege license management change - Majik Market, 902 Windy Hill Road
Robert C. Walburn, applicant, was not present and Jim Hawkins made a motion
the license be tabled to the next meeting. Bill Scoggins seconded the motion
which carried 7-0.
(I) Privilege license management change - Majik Market, 2610 Cobb Parkway
Jim Hawkins made a motion the license be tabled to the next meeting. Bill
Scoggins seconded the motion which carried 7-0.
(J) Privilege license management change - Majik Market, 1166 Concord Road
Jim Hawkins made a motion the license be tabled to the next meeting. Bill
Scoggins seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Approval of contract between city and Cobb -Marietta Coliseum and Exhibit
Hall Authority
September 16, 1991 meeting - continued
John Patterson stated the new Cobb County convention center is expected to be
built in the Cumberland/Galleria area, funded through an increase of
accommodations tax. Several months ago, the City of Smyrna approved an
increase in their hotel/motel tax from 3% to 8%, with the additional 5% going
to the Cobb -Marietta Coliseum Authority. This action tonight is to approve
the final contract between the City and Authority.
Jim Hawkins said the additional 5% from the city will be used to help pay the
bonded indebtedness needed for construction. This development will improve
property values in the area, much of which is in the City of Smyrna. It
should also put us in a good position of being involved with the 1996
Olympics and should bring more economic development to the City, without
additional tax increases. Mr. Hawkins made a motion the Mayor be authorized
to enter into a contract between the City of Smyrna and Cobb -Marietta
Coliseum Exhibit Hall Authority, pledging 5% of our hotel/motel tax to retire
their bonded indebtdness. Bill Scoggins seconded the motion which carried
7-0.
(B) Appointment to Parks & Recreation Commission - Ward 2
Wade Lnenicka made a motion that Eddie Hellmann be reappointed to a full
2-year term on the Parks and Recreation Commission, representing Ward 2. Bill
Scoggins seconded the motion which carried 7-0.
BID OPENING•
(A) Bids for new water meters were opened, read and recorded as follows:
Davis Meter
B&N Supplies
3/4"
25.50
24.95
1"
61.00
52.89
1 1/2"
143.00
132.22
2"
219.00
196.67
3"
1,285.00
527.78
4"
2,795.00
883.33
6"
3,695.00
1,550.00
8"
5,785.00
no bid
10"
9,720.00
no bid
Gwinnett Utiliies
23.45
49.50
126.60
188.25
515.00
864.00
1,516.00
no bid
no bid
Bill Scoggins made a motion the bids be turned over to the committee for a
recommendation back at the next meeting. Pete Wood seconded the motion which
carried 7-0.
COMMERCIAL BUILDING PERMITS:
Nothing to report.
CONSENT AGENDA:
(A) Approval of September 3, 1991 minutes
(B) Amendments to FY91 budget
(C) Approval to request bids for playground equipment, Creatwood Park
(D) Approval to request bids for pick-up truck, Community Development
(E) Surplus equipment for auction September 28, 1991
Wade Lnenicka made a motion items (B) through (E) be approved. Jim Hawkins
seconded the motion which carried 7-0.
Wade Lnenicka made a motion the minutes of September 3, 1991 be approved as
submitted. Pete Wood seconded the motion which carried 6-0 with Bob Davis
abstaining
COUNCIL INPUT: Wade Lnenicka called on a report from Laurel Best. The
Library has
non-residents.
collected $450 in revenues through issuance of library cards to
Bill Scoggins called on Sherry Reavis for a report from the Parks Department
and reminded everyone of the concert in the park this Friday night.
Kathy Barton gave a report from the Clean City Committee.
Jim Hawkins said the comprehensive plan adopted.tonight was a major step
forward for our city as it now gives a planned growth through the year 2000.
This was mandated by the State, and the City and County have worked hand in
hand to get this plan approved.
September 16, 1991 meeting - continued
Jack Shinall called on Vic Broyles for a report on drainage and paving
projects. Mr. Shinall also urged everyone on the pilot recycling program to
continue using the bins. Participation in the program now will also provide
information we need to determine if we should continue the recycling program
city-wide.
Kathy Jordan gave a progress report on the new fire precinct construction.
Mrs. Jordan said she was disturbed about the 45 mile per hour speed limit on
Windy Hill Road which she felt was too fast. Two gentlemen were killed last
Friday night while crossing the road. Mrs. Jordan asked what could be done to
lower the speed limit. John Patterson said council could set the speed limits
but the State regulates the use of radar on all streets. If it is lowered at
35, the State will probably not allow the use of radar. Mr. Patterson said he
would meet with the Chief about other steps that could be taken to reduce
speeding.
Pete Wood called on Stan Hook for a report from the Police Department. Chief
Hook said he agreed that if you drop the speed limit on Windy Hill Road it
would prohibit the use of radar. Also, the accident last Friday occurred at
5:50 a.m. when there was little pedestrian traffic and there was no
indication that the driver of the vehicle was speeding.
Mayor Bacon said that Chief Hook recently received a letter from the U.S.
Immigration and Naturalization Department Services expressing appreciation to
our officers for the cooperation and assistance they have given their agents.
This letter came as a result of the complaint filed recently with the Mexican
consulate and U.S. Justice Department charging harassment by our officers.
Wade Lnenicka also thanked Chief Hook for the presence and effectiveness of
his patrols along Campbell Road and Ridge Road.
With no further business, meeting adjourned at 8:44 p.m.
A. BACON, MAYO
i
BOB DAVIS, WARD 1
I?
HINI�LL, WARi� 5 KATHY
CHARLES PETS WOOD, WARD 7
M. HAWKINS,
.•� ;
WHEREAS, the Cobb -Marietta Coliseum and Exhibit Hall
Authority (hereinafter "Authority") was created pursuant to 1980
Ga. Laws 4090, et seq.; and
WHEREAS, the Authority is a body corporate and politic and
is deemed to be a political subdivision of the State of Georgia;
and
WHEREAS, the Authority is charged with the responsibility of
"acquiring, constructing, equipping, maintaining and operating
one or more projects consisting of multi -use coliseum and civic
center type facilities for use for athletic contests, games,
meetings, trade fairs, expositions, political conventions,
agricultural events, theatrical and musical performances,
conventions and other public entertainments and the usual
facilities related thereto . . ." See 1981 Ga. Laws 4350; and
WHEREAS, the City of Smyrna (hereinafter "Smyrna") is a
municipal corporation created pursuant to the laws of the State
of Georgia as shown by the 1931 Ga. Laws 955, et seq.; and
WHEREAS, Article IX, Section II, Paragraph III of the 1983
Constitution of Georgia authorizes the expenditure of public
funds by counties and municipal ca orations for parks,
recreational areas, programs and faci ities; and
WHEREAS, O.C.G.A. § 36-82-61(4)(e) authorizes the issuance of
Revenue Bonds by governmental bodies for "buildings to be
constructed and used for the housing of exhibits for fairs and
educational purposes; buildings to be used for the housing of
livestock, horses, cattle, swine, poultry, and agricultural
exhibits for exhibition purposes; the erection and construction
of buildings to be used for amusement or educational purposes or
a combination of the two; and such buildings to be used for
fairs, expositions, or exhibitions in connection therewith;" and
WHEREAS, O.C.G.A. § 36-82-62 authorizes governmental bodies
to expend public funds for undertakings under the Revenue Bond
Law;
WHEREAS, Article IX, Section III, Paragraph I of the 1983
Constitution of Georgia authorizes intergovernmental contracts
between any "county, municipality, school district or political
subdivision of the state . . . with each other or with any other
public agency, public corporation, or public authority for joint
services, for the provision of services, or for joint or separate
use of facilities or equipment;" and
WHEREAS, Smyrna has the legal authority to expend funds for
the operation of a conference, convention, or exhibit hall; and
WHEREAS, the Authority and Smyrna are desirous of entering
into an intergovernmental contract for the providing of certain
services and the providing of certain buildings; and
WHEREAS, the parties are desirous of setting forth their
understanding in writing;
BE IT THEREFORE agreed between the Authority and Smyrna, and
it is hereby agreed by the same as follows:
1. Smyrna is levying an excise tax within the incorporated
limits of Smyrna, Georgia pursuant to O.C.G.A. § 48-13-51(a)(5.1)
upon the furnishing for value to the public of any room or rooms,
lodgings or accommodations furnished by any person or legal
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entity licensed by or required to pay business or occupational
taxes to Smyrna for operating a hotel/motel, inn, lodge, tourist
camp, tourist cabin,.or any other place in which rooms, lodgings
or accommodations are regularly furnished at the rate of eight
percent (8%) of the value of the room or rooms, lodgings, or
accommodations furnished. Unless otherwise amended, repealed,
declared unconstitutional, or unlawful, the said tax shall
continue to be levied at a level of at least eight percent (8%)
during the pendency of this Agreement or any amendment thereto.
Smyrna shall have the right to levy a hotel/motel tax in excess
of eight percent (8%) if otherwise authorized by law.
2. The Authority shall issue its 1991 Series A Revenue
Bonds or other obligations in such amounts as the Authority deems
necessary and appropriate for the design, construction,
equipping, maintenance and operation of a convention and/or a
performing arts center pursuant to an architect's report to be
issued by Smallwood, Reynolds and Smallwood as such architect's
report may be amended from time to time. Upon delivery of such
architect's report and any amendments thereto, the same shall
become a part of this contract.
3. Smyrna shall pay to the Authority through a bond
trustee authorized herein 62.5 percent (62.5%) of the eight
percent (8%) hotel/motel tax levied pursuant to O.C.G.A. §
48-13-51(a)(5.1) promptly upon collection of the same, for the
purposes described in this agreement. Smyrna shall solely
receive all amounts of hotel/motel tax levied in excess of eight
percent (8%).
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4. The Authority will issue, from time to time, its
revenue bonds or other obligations to finance the costs of
acquisition and construction of a Convention Center and/or
Coliseum and/or Exhibit Hall and/or Ballroom and/or Arena and/or
Performing Arts Center. Such costs may include, but are not
limited to, the costs of land acquisition, construction, and
equipment, architectural fees and expenses, legal expenses,
financial advisory expenses, bond issuance costs, consultants
fees and any other expenses related to such project. The
Authority may also issue additional bonds, from time to time, for
additions and improvements to such facilities. The Authority's
bonds or other obligations are expected to be issued pursuant to
a Trust Indenture or Bond Resolution.
5. The Authority may pledge as security for the 1991
Series A Revenue Bonds or other obligations of the Authority, the
62.5 percent (62.5%) of the eight percent (8%) of tax monies
levied by Smyrna pursuant.to O.C.G.A. § 48-13-5(a)(5.1).
6. It is hereby acknowledged and agreed by the parties
hereto that this contract may be required to be amended and
restated prior to or upon the issuance of the Authority's 1991
Series A Revenue Bonds and both parties hereby agree to execute
and deliver such amended and restated contract as shall be
mutually agreeable to such parties and in order to secure payment
of the 1991 Series A Revenue Bonds upon the issuance thereof.
7. The Trust Indenture or Bond Resolution governing
issuance of the Authority's revenue bonds or other obligations
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N'.
may provide that funds deposited to the Renewal and Extension
Fund will be eligible for use for the following purposes:
(a) To make renewals, replacements, additions and
extensions to the Authority's Coliseum, Exhibit Hall, Arena,
Performing Arts and other facilities.
(b) To make payments to the Sinking Fund to the extent
other funds are not available.
(c) To pay operating expenses of the Authority to the
extent other funds are not available.
(d) To pay to Cobb County amounts due but not
theretofore paid pursuant to an agreement dated August 23, 1991,
between the Authority and Cobb County.
(e) To pay to Smyrna and cities within Cobb County
(except the City of Marietta) amounts determined by the Authority
to be excess funds in the Renewal and Extension Fund under terms
of the Trust Indenture or Resolution authorizing issuance of the
Authority's revenue bonds or other obligations. The amount to be,
paid to Smyrna shall be determined by multiplying the total
amount declared as surplus by the Authority by a fraction whose
numerator is the total dollars received from Smyrna in
Hotel/Motel Tax payments less any amounts previously paid to
Smyrna and whose denominator is the sum of all Hotel/Motel Tax
revenues received from all cities and Cobb County (except for
revenues received from the City of Marietta). The amounts so
calculated shall be paid to Smyrna in a manner as designated by
the Authority.
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8. The Authority shall have the same fiscal year as that
of Cobb County and will change its fiscal year from time to time
to correspond with that of Cobb County if Cobb County should
change its fiscal year. The Authority will also have a certified
audit performed at the end of each fiscal year and will cause
such audit to be completed within 180 days of the end of the
fiscal year. If the National Council on Governmental
Accounting's Governmental Accounting Standards Board ("GASB")
publications require the Authority's audited financial statements
be included as a part of Cobb County's audited financial
statements, then the Authority's financial statements will be
audited as a part of the audit of Cobb County, and the costs of
auditing the Authority's financial statements shall be paid by
the Authority pursuant to a separate agreement with Cobb County.
9. The Authority shall furnish to the Comptroller or a
designated official of Smyrna upon request any monthly financing
statements prepared by the Authority's staff for presentation to
the Authority. If requested by Smyrna, the Authority will
furnish to the Mayor and Council of the City of Smyrna unaudited
monthly financial statements showing income and expense of the
Authority in reasonable detail.
10. This agreement shall have a term of thirty seven (37)
years from the issuance of the 1991 Series A Revenue Bonds or
other obligations of the Authority, but in any event, not later
than December 31, 2028.
11. Time is of the essence in this agreement.
12. This contract shall be construed pursuant to the law of
the State of Georgia.
Approved this 'day o 1991, in the A4t2t__
City of Marietta, County of Cobb, State of Georgia by the
Cobb -Marietta Coliseum and Exhibit Hall Authority.
A COLISEUM AND
AUTHORITY
JOIN A. WILLIAMS, CHAIP31AN
Attest:
B .
I ZZ
TRAVIS DU , SECRETARY
Witness:
Sworn to and subscribed
befor me .this = 7 day
of v .� , 1991.
ltomlt';Pu {iebCNoh County, Georgia
Commission Expires September 11,1993
)iir ed as to form:
ROY E. BARNES
Attorney for the Cobb -Marietta
Coliseum and Exhibit Hall Authority
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APPROVED this 16 day of September , 1991, in the
City of Smyrna, County of Cobb, State of Georgia by the City of
Smyrna.
CITY OF SMYRNA, GEORGIA
BY •
MAX BACON, MAYOR
Attest,:
BY:
CLE K, CI Y OF SMYRNA, GEORGIA
Witness:
'Sworn to and subscribed'
before me t is Iq day
of , 1991.
�M-64hlrntUA
Notary Public Notary Puflic, Cobb County. Ceorgia
My Comm ion Expires May 5, 1992
Approved as to form:
IZ/ "?
Attorney for th TY OF
SMYRNA, GEORGI
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