Loading...
07-18-1994 Regular MeetingJuly 18, 1994 The regularly scheduled meeting of Mayor and Council was held July 18, 1994 at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except for John Patrick. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Jim Triplett, City Engineer Ken Hildebrandt, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Chief Building Inspector Scott Stokes and representatives of the press. Invocation was given by Reverend Harold Adams, pastor of Smyrna Worship Center followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Pat McPherson and Randy Sauder, candidates for the House of Representatives and Anne Brady, candidate for the Cobb County School Board. Charles Lotz, General Partner for Loehmanns Plaza Shopping Center spoke regarding his partnership's request for the postponement of the hearings on matters tonight relating to the Heritage Pointe apartments. Mr. Lotz said they had not seen in detail the plans and had some very serious concerns with the mutual boundary, access differentials, drainage, etc. with regards to development of the property. Loehmanns Plaza has been a part of the community for 15 years and agreed to annex into the City on March, 1993. Mr. Lotz said he thought they were working in coordination with the City regarding the Heritage property and had spent 3 years working with HUD to get this property released for commercial development. Mr. Lotz said he had no problem with Mr. Teague's development but had some very serious concerns with regard to the commercial development. Mayor Bacon said the zoning tonight calls for public input and at that time council will make a decision regarding his request. Karen Tarlano with BFI presented a report on the curbside recycling program, now in the second year of operation. Results have been very good and the pounds of material collected has remained relatively constant. Also, there has been about a 10% increase on a monthly average in participation. PUBLIC HEARINGS: (A) Rezoning request - 9.467 acres on Cooper Lake Road at Civitania Road from R20 to R15 Bob Thomson stated that Reed Konigsmark is requesting this rezoning to develop a 25 lot single family subdivision. The Planning and Zoning Board recommended approval of the zoning at their hearing and there was no opposition from the audience. Mr. Konigsmark said his plans were to develop and build single family homes in the high $90,000's to $120,000 price range. They expect to yield about 21 lots but because of the topography of the land were asking for a zoning which would yield the maximum of 25 lots. Councilman Wood stated that the City would need clarification on how many lots would be developed before any grading or permits could be issued. Although this subdivision will not be zoned according to a particular plan, a subdivision plan must later be submitted for approval which would indicate the number of lots, setbacks, etc. Councilman Hawkins asked Mr. Konigsmark if he could build and be reasonably sure that he would not require variances later on. Mr. Konigsmark said he did not anticipate any variances at this point. Councilman Wood said the surrounding properties are zoned R-15 and noted that an easement would be needed for sewer service on some of the lots. Councilman Wood asked Mr. Konigsmark if he had discussed the easements with John Wieland, as owner of the adjacent property. Mr. Konigsmark said he had started the discussion with Mr. Wieland. Councilman Newcomb asked Mr. Konigsmark why he was asking for the zoning change. Mr. Konigsmark replied that this development and zoning would be consistent with other homes in the area. Generally, the demand now is not for big lots; people are more interested in the square footage of the house, and the price of the land ultimately dictates the sales price of the house. The goal is to keep the house as affordable as possible, while providing the maximum square footage of living space. Councilman Newcomb said he has noticed a trend in many of the zoning hearings of downsizing to smaller lots and smaller houses,' etc. and would prefer to see the trend go the other way. Mr. Konigsmark said they were trying to keep the homes at a price where they felt they would sell. These homes will be similar to a subdivision just completed at Harris Road at Church Street called Waverly Place. These home are comparable and sell from $105,000 to $130,000. July 18, 1994 meeting - continued Councilman Wood made a motion the zoning be approved as requested. Councilman Scoggins seconded the motion which carried 6-0. (B) Rezoning request Phase I - 2550 Hargrove Road, Heritage Pointe Apartments - from R12 to GC and Land Use change from High Density Residential to Community Activity Center Bob Thomson stated the City of Smyrna has initiated this zoning change because of the intended purchase of the property and subsequent demolition of existing buildings. A rezoning and change of the Land Use map is necessary. Mr. Charles Lotz was sworn in to oppose the zoning. Mr. Lotz said they are not really opposed to the commercial zoning but did request a postponement to work out some concerns they had with regard to grade differentials, water runoff situation, detention and other engineering aspects, as well as visibility, lack of access to Cobb Parkway, etc. Retaining walls or slopes will be required between Loehmanns Plaza and this property and that is another issue that must be dealt with. There should also be some means of mutual access between the properties and grading to promote better visibility. Mr. Lotz said they are willing to work with Mr. Thomas quickly to resolve these issues and had already met with him on two different occasions. For the benefit of those who may not be familiar with the property, Mayor Bacon stated there is approximately 30 acres at Heritage Pointe containing approximately 460 apartment units. The City has exercised their option to obtain the property through HUD and we have requested proposals from different developers who are interested in purchasing the land from the City. Twenty acres of the property is to be completely cleared and developed for retail use. The other 10 acres and 108 units will be completely refurbished for rental. The action tonight will be to rezone only the 20 acre site to facilitate the commercial development. Councilman Newcomb told Mr. Lotz that his concerns were important and they also recognize the importance of his annexation into the City last year. Councilman Newcomb asked if this zoning is approved, if that would somehow preclude the coordination of engineering problems referenced by Mr. Lotz tonight and asked Mr. Lotz if anyone had told him that these could not be done. Mr. Lotz said he had spoken with Mr. Thomas already, but did not feel they had been given enough time to accurately convey their concerns and work things out. Mr. Thomas has been open and communicative but he felt they needed more time and were concerned with these issues. Councilman Newcomb said that based on those comments, he would like to move forward tonight and continue to have the kind of negotiations and good faith that obviously have already taken place. Stan Thomas was sworn in by Mr. Camp. Mr. Thomas said that Mr. Lotz had called him and asked for a meeting to discuss his concerns and about possibly doing the project jointly. Mr. Thomas said he had advised Mr. Lotz that he would work with him in any way that he could to tie the properties together but since he is spending a lot of money on landscaping, asked Mr. Lotz if he could likewise spruce his property up so that it would blend together. Mr. Thomas said he had no problem with tying the properties together, improving slope grades, providing retaining wall, etc. as he outlined. Mr. Thomas said he did not see a problem in working with Mr. Lotz and thought it was, very feasible to tie the properties together. Postponing the zoning tonight would have no bearing on their negotiations. Mr. Thomas said he has had other business transactions with Mr. Lotz and he would do his best to be fair with him. Councilman Lnenicka commented that neither did he see a need to postpone the zoning because many of these issues are engineering concerns that we would normally address during the course of development. Councilman Cramer asked about one of the stipulations mentioned in the minutes from the Zoning Board hearing regarding a fence to buffer Afton Downs subdivision. Mr. Thomas said they also had agreed to place a 6 foot wooden fence along the back property line adjoining Afton Downs. Councilman Cramer made a motion the zoning be approved from RM12 to General Commercial and that the land use map be amended from high density residential to community activity center with a stipulation that a privacy fence be installed around the property where it abuts Afton Downs subdivision where Georgia Power has cleared the easement of shrubs, trees, etc. Councilman Lnenicka seconded the motion which carried 6-0. (C) Rezoning request - 29.5 acres on Gann Road form R20 to RAD Conditional (single family residential) Bob Thomson stated the Raymond Reed family is requesting this rezoning to,develop a 68 lot subdivision July 18, 1994 meeting, - continued on Gann Road. Sales price of the homes would be $120,000 to $180,000. There were several in opposition and Bobby Martin was sworn in along with Ben Carter representing the Reed family. Councilman Wood said on the original application, the Reed family was asking for rezoning of 29.5 acres to develop 68 lots but tonight are amending their petition to ask for the rezoning of 14.7 acres on the east side of Gann Road, to facilitate development of 41 lots. Mr. Carter stated he had been working with city staff for several months on the development of this property. The original request was for RAD conditional to rezoning the total acreage but have now decided to develop the property in two phases and were requesting rezoning tonight on the 14.7 acre tract located on the east side of Gann Road. After meeting with residents in the area they understood their concern but the area around this property is fairly mixed and they were trying to find a lot and house size that would blend with the entire area. They also have agreed to sell Barry Teague a 2 acre parcel to square up his property lines at Walton Park. Mr. Carter said for the time being they will leave the property on the west side of Gann Road R-20. They are concerned with the 2000 square foot minimum house size stipulated by the Planning and Zoning Board but would honor that agreement and try to make it work. Mayor Bacon said the Planning and Zoning Board had recommended 2000 square foot homes on Gann Road and other homes in the interior part of the development could have a maximum of 1750 square feet. Mr. Carter said that was correct and they would accept their recommendation as they would all others made by the Board. Councilman Lnenicka asked Mr. Carter if he was concerned that it might be more difficult to sell the 13 lots facing Gann Road because the potential owners would not know what would happen with the other lots. Mr. Carter said they are willing to talk to potential buyers about what their plans are. The concern is that by having 2000 square foot homes on Gann Road, it will set the pace for development that will allow them to follow through on the other side of the road. Mr. Carter said they would not build the subdivision; they would select builders and sell the lots to them. Councilman Newcomb said in the Planning & Zoning Board minutes Mr. Carter stated there would be a homeowners association and architectural review committee and asked why that was not part of the stipulations to rezone. These are important features which should be included in the stipulations. Councilman Wood said it would be covered with his motion. Councilman Newcomb asked Mr. Carter why he was seeking the rezoning. Mr. Carter stated they came in hopeful that the minimum square footage allowed would be in the 1500 range but after meeting with homeowners and hearing their concerns they are trying to respond. The concern is that there are maybe 5 houses on Gann Road that exceed 2000 square feet and there are substantial numbers of homes in the area that are less. For that reason, they decided to start with a smaller scope of project. The minimum lot size will be 8500 square feet which is less than 1 /4 acre. Bobby Martin of 3960 Gann Road said that about 4 years ago he came before council to annex his property into the City and have the zoning changed from R20 to R15. At the time there were some concerns expressed among the neighbors that his development would lower property values. The three new homes that have been built are all in excess of $250,000. Mr. Martin said that one of the reasons he made a decision to annex was because he felt the City would help to protect his property values and he had concerns with the small lot size. Mr. Martin said he felt an R15 zoning would be more in the interest of the City and adjoining property owners and that is what they were requesting. Mr. Martin said his home is about 4000 square feet on 1.5 acres. The other three new homes are between 3100 and 3500 square feet and these homes adjoin the Reed property. Councilman Wood said there is no lot on Gann Road less than 10,800 square feet and the others are larger. The minimum they could build in the subdivision is 8500. Mr. Martin said they still have concerns about the development and thought it should be consistent with zoning and adjacent homes in the area. After further discussion Councilman Wood stated that over the last year we have looked at a number of zonings in the same general area and we have been pretty consistent. The Austin Lakes, Curtiss property, Wieland property, Castleberry, etc. were all zoned under RAD conditional. This subdivision meets the standards set in Austin Lake and has an average lot size that is larger than those in Austin Lake. It has a maximum density of 2.8 units per acre and if they build out the entire development it will be less than that. In the essence of consistency and to meet one of the goals of this council by increasing single family development and ensuring that we get quality development, we are protecting those that Julv 18. 1994 meeting - continued already have homes. Mr. Martin's home and the others he mentioned are relatively new but they are surrounded by older neighborhoods that are not in the same price range or lot size. We want all single family developments to be of good quality and to protect everybody's investment and it seems in the best interest to rezone this property and encourage more single family quality development. For that reason, Councilman Wood made a motion the rezoning be approved as requested for 14.7 acres on the east side of Gann Road with the following stipulations: 1) Minimum lot size will be 8500 2) Front yard setback 35 feet along Gann Road; all others 15 feet 3) Side yard setback 5 feet with a minimum of 15 feet between houses 4) Rear yard setback 20 feet as shown on plat dated 6/3/94 and revised 6/29/94 5) Minimum road frontage 85 feet except on the cul-de-sacs where there will be a 35 foot front minimum 6) Minimum lot width at building setback line 70 feet 7) The homes on Gann Road will have 2000 square feet of heated floor space and 1750 square feet minimum on the balance of the lots in the subdivision. This does not include the basement per Section 402, page 1217, paragraph 402.7 of the City zoning ordinance 8) Lots will be developed in accordance with preliminary plans prepared by Franzman/Davis Associates dated June 3, 1994 and revised June 20, 1994 and July 15, 1994 9) Covenants of this subdivision will include a mandatory homeowners association and architectural review committee. Councilman Scoggins seconded the motion. Councilman Newcomb referenced a letter dated June 23 addressed to the Chairman of the Planning & Zoning Board stipulating that of the 60 something lots, that 22 would be 8500 to 12,000; 25 would be 12,000 to 15,000; 21 lots would be 15,000+. Councilman Newcomb asked if that would be the same plan on the total acreage. Mr. Carter said they were trying to summarize the request in terms of averages. They hope the first phase will work and they will come back with a consistent plan for Phase 11. Councilman Newcomb asked for clarification on the lot size for the first phase. Mr. Carter said they would range from 10,800 square feet to 29,000 square feet as the largest lot. Three of the 41 are 25,000 feet or greater; thirteen are over 12,000 square feet. It is really a site specific plan prepared by Richard Davis who has done a number of subdivision plans in the metropolitan area. The other averages have not been prepared for this particular phase. Councilman Newcomb said that more than one-half of the lots are less than 12,000 which would not allow them to meet the distribution cited in the June 23rd letter. Mr. Carter said the distribution mentioned in the June 23rd was not a condition, it was purely a summary of the lots that are on the plan. Councilman Hawkins said he would support the motion because he thought the subdivision that you go through to get to Gann Road is probably one of the better kept older neighborhoods in the City. However, this development will be a blend between Alpine and Brentwood, leading into the south end of Gann Road where you have the very expensive and should complement both ends of that street. There is not much building property left in the City and any building property we have that can be used for single family homes should be supported. Councilman Lnenicka asked the Reed family to consider how they would over time strengthen the homeowners and architectural review committee and covenants. The responsibility of those occupants through the covenants will allow them to maintain their enthusiasm that the new occupants have. It also gives homeowners an anchor to weld the neighborhood into a body that would be in the best interest of the City long term. Vote on the motion to approve the rezoning carried 6-0. (D) Agent change - Morrison Restaurants, Inc. d/b/a Ruby Tuesday - 3197 South Cobb Drive - retail pouring of beer, wine and liquor. July 18, 1994 meeting,= continued Mayor Bacon announced that this application was withdrawn in a letter received today from the applicant, James Walter McLellan, III. Mayor Bacon recognized Greg Schwall, candidate for the Public Service Commission seat held by Bobby Rowan. (E) Proposed Charter amendment - Division 4, Civil Service Section 77 Bob Thomson stated we are in a series of advertisements for an amendment to the Civil Service Charter and this is the first hearing required in response to the public notice. Councilman Newcomb stated these changes are being advertised and at the first meeting of August council will vote on the amendments. Copies of the changes are available in the City Clerk's office. Councilman Newcomb thanked the Human Resources committee, Mary Ann White, Bob Thomson and the Civil Service Board members for their cooperation. The proposed amendments will change the jurisdiction of the Board and will provide that they act as an appellate body to address grievances of the Civil Service employees. Former duties regarding employment, promotion, demotion, testing, etc. will be handled by the Department of Human Resources. The changes that were made are aimed at making it an appeals board and other minor changes were made that were either redundant or covered in State law. Some of the other changes are better suited to policies, procedures, rules and regulations, etc. rather than to the Charter. There were no comments or questions from the audience. Councilman Newcomb said he believed these changes to be very positive in the interest of the City, the citizens and employees. During the joint meetings Mr. John Davis stated that he supported all the changes because it was clearly in the best interest of the City as well as employees. It continues to afford those employees the same protection that they will be treated professionally under a personnel system based on merit. It makes the civil service board the final appeal body for the employees. The procedure would be the same for all employees including civil service in terms of going through the administrative channel (supervisors, department heads, etc.) and would then go, as currently provided, to the appropriate committee of council. Then it would differ in the sense that Civil Service employees would appeal to the Civil Service Board as the final arbiter. Councilman Hawkins said these changes had been contemplated for over a year and would be a big departure from the method that has been used in hiring Police and Fire officers. The whole concept behind the Civil Service Board originally was to make these jobs non -political so that people on council could not determine who should be hired in the Police or Fire departments. There is a lot of merit to that thinking but there are so many laws on the books now that were not in place when the Board was created that gives rights to employees, that it is much more difficult now to hire in that manner. These changes are on file in the City Clerk's office. What we are proposing to adopt will closely parallel the structure of Cobb County and it seems to work well there. Councilman Hawkins said it was his understanding that the Human Resources would conduct testing and they would send the candidates and recommendations to the Chiefs who will make the final decision in the hiring process. The Human Resources committee has also met with a representative group from Police and Fire and they left that meeting with a much better feeling about the proposed changes. Councilman Lnenicka said in the meeting with employees one of the suggestions they made that is now under study and review, is that the change removing the right of certiorari to Superior Court be left as is and we are considering that and some other minor changes. FORMAL BUSINESS: (A) Jumpstart pilot program Bob Thomson stated the Library is requesting approval to initiate a pilot program to issue free library cards to children and teachers at Argyle Elementary School. The program is developed and endorsed by the American Library Association and underwritten by the Prudential Company, designed to educate parents on how the use of the library can give children a jumpstart on learning. Councilman Lnenicka said this program is almost an outreach program by the Library to children of the community. The program will start at Argyle School and will encourage reading. The card would be issued and would be valid only for the current school year and the cards would be coded with an expiration date. It will be an interesting experiment and is an effort to seek out and serve some of the July 18 1994 meeting - continued at -risk students who might benefit from this program. Councilman Hawkins said his only concern is that someone must be responsible for the non-resident child who checks out a book. Laurel Best said she could not guarantee that the City would not lose books but the parents must sign the card and would be ultimately responsible for any material not returned. Also, Ms. Best said she would keep her committee informed if the ratio of lost books escalates considerably. Councilman Lnenicka made a motion the jumpstart program be approved for a one year period. Councilman Hawkins seconded the motion which carried 6-0. (B) Approval to request bids for installation of sewer line on Windy Hill Road Bob Thomson stated the Public Works Department is proposing installation of a new 8 inch sewer line from Windy Hill Road eastward under Atlanta Road to Dixie Avenue and terminate at the northeast corner of Windy Hill Road and Dixie Avenue. Estimated construction cost is $40,000. Councilman Scoggins said this request is being made to serve newly annexed property at the corner of Windy Hill Road and Dixie Avenue for the International Gospel Outreach Church. The church will utilize approximately 4 1/2 acres and the remaining acreage will be developed for commercial use. Councilman Scoggins made a motion we solicit proposals for installation of this line to be funded from Renewal & Extension. Councilman Hawkins seconded the motion. Councilman Newcomb said he could not support the motion because it was clear when the property was annexed that the City would not fund this sewer line. The law requires when we annex property, that we state what services we will provide to it and there was no discussion of the sewer line. Also, there is some concern that this property will not generate revenue into the City and as a practical matter, the cost will be picked up through the other taxpayers. Mayor Bacon said he did not recall that installation of the line was a part of their annexation. Churches are non-profit and do not generate revenue but they do bring a lot of other good things to the community. The adjoining property is to be developed for commercial use and should, at that time, generate revenue for the City. More importantly, the church will make a big improvement to the appearance of that location. Councilman Scoggins said at the time we annexed he did not remember if we stipulated installation of a sewer line but since that time, they have requested help from the City. Councilman Wood said that by running this line it may also open the door for other opportunities, aside from this 40 acre tract. Councilman Hawkins said the nearest Cobb County line to this property is at Pat Mell Road and felt that if we get the line installed we can also get additional users and felt it would be a good investment in the future. Councilman Lnenicka said he would prefer to put off that investment and with the widening of Atlanta Road we may see some improvements included in that project. Also, this question did come up at the annexation hearing and the question was asked if a promise was made for a sewer line and the answer was no. After further discussion vote on the a motion to approve carried 4-2 with Councilman Newcomb and Councilman Lnenicka opposed. (C) Accept recommendation of DDA Task Force and Financial Advisor to negotiate contract with Thomas Enterprises and Teague/Ausburn Properties Councilman Wood read a resolution, to be made a part of these minutes, to accept the recommendation of the Financial Advisor to select Teague/Ausburn Properties as developers for sale of the 180 units and 10 acres constituting Phase II of the Heritage Pointe property. Also that Thomas Enterprises be selected as the developer with whom to negotiate the sale of the 280 units and 20 acres constituting Phase I of the Heritage Pointe project and to direct the Financial Advisor and Cochran, Camp & Snipes, Counsel to the City to negotiate terms of the contracts. Councilman Wood made a motion the resolution be adopted, seconded by Councilman Hawkins. Vote July 18, 1994 meetingL- continued on the motion carried 6-0. (D) Approve resolution - seek HUD approval to allow Housing Authority to purchase Heritage Pointe property Councilman Wood read the resolution, also to be made a part of these minutes, authorizing the sale of the Heritage Pointe property from HUD to the Housing Authority of the City of Smyrna in lieu of the purchase by the City of Smyrna. The resolution also directs the Financial Advisor and Cochran, Camp & Snipes, Counsel to the City and General Counsel to the Authority, to negotiate terms of the contracts between Thomas Enterprises and Teague/Ausburn Realty. Councilman Wood made a motion the Resolution be adopted, seconded by Councilman Cramer. Vote on the motion carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of July 5, 1994 minutes (B) Request bids for sewer line inspection camera (C) Approval to fund David M. Griffith study (D) Budget adjustment - drainage improvements, 441-437500 (E) Budget adjustment - street operating supplies, 445-411100 (F) Budget adjustment - sanitation professional services, 443-414200 (G) Budget adjustment - motor vehicles for Police Department, 422-419000 (H) Request bids for renovation to lobby at Court Services (I) Request bids for copier - Court Services (J) Request bids for the purchase of one Ford pickup truck for Parks and Recreation Department (K) Request bids for the purchase of one Crown Victoria interceptor for Parks and Recreation Department (L) Issue request for proposal for materials and labor for acoustical treatment for large gym (M) Approval to purchase universal brand weight set Councilman Wood made a motion the consent agenda be approved. Councilman Lnenicka seconded the motion which carried 6-0. COMMITTEE REPORTS: Councilman Wood called on Jim Triplett for a report from the Finance Department. Mr. Triplett advised council of two promotions in his department recently; Suzanne Jones to the Accounts Payable Clerk and Pam Ploof to Budget Analyst. Councilman Lnenicka read a letter from a resident of Ann Road commending the Public Works department for the quick and efficient response to a drainage program. Councilman Lnenicka also read a letter addressed to Chief Hook from the Police Academy training division commending Charles Wade for his recent outstanding academic achievement. Councilman Lnenicka also expressed his appreciation to the members of the DDA Task Force, Downtown Development Authority and Housing Authority for their support regarding the proposals for Heritage Pointe property and some additional downtown redevelopment. Councilman Cramer called on Steve Ciaccio for a report from the Parks Department. Mr. Ciaccio stated the City would be hosting the Georgia State Games July 21-24 at the Community Center. A free seminar will be held July 21st at the center entitled "Motivating Your Team" sponsored by Cooper Psychological Management. Also, July 22nd the Parks Department will host another free concert on the Village Green. On August 12th the City will host the Callenwolde Concert Band and on that day we will also have the fireworks display cancelled July 4th. Councilman Hawkins called on Chief Larry Williams for a report form the Fire Department. Chief Williams expressed his condolences to the family of Ted Farland, a firefighter who died unexpectedly July 18, 1994 meeting - continued last week. Ted was a very dedicated employee who will be missed. Councilman Hawkins added that Ted was one of the first volunteers to work with the City under our volunteer rescue program. He was the first person on the scene to find the pilot during the F16 crash several years ago and kept him alive using CPR until the ambulances arrived. Ted was a good person and good employee. Mayor Bacon read a letter form Mr. Ransom, a resident of Lee Street thanking the Public Works Department for the good service they provided by removing a tree from the right of way near their home. With no further busmi s , meeting adjourned at 9:24 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK J H ATRICK, W D 1 RO NEWCOMB, WAR 2 itLf CO GGIINS, A 3 JAMEO M. ARD Z7 MCK CRAMER, WARD 5 WADE LNENICKA, WARD 6 yOC� CHARLES PETE WOOD, WARD 7 -~' RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA WHEREAS, the Housing Authority of the City of Smyrna, Georgia (the "Authority") has offered to cooperate with the City of Smyrna (the "City") and offered to purchase from the United States Department of Housing and Urban Development ("HUD") Heritage Pointe Apartment Phases I and II (the "Project") located at 2550 Hargrove Road, Smyrna, .Georgia, as set forth in an offer to the City from HUD in letters to A. Max Bacon, Mayor, dated May 9, 1994; and WHEREAS, the City would like the Authority to purchase the Project from HUD instead of the Project being purchased by the City; and WHEREAS, the City and the Authority have both accepted the recommendation of Lex Jolley & Co., a Division of Bank South Securities Corporation, acting as Financial Advisor to both the City and the Authority (the "Financial Advisor") that Phase I of the Project be sold to Thomas Enterprises, Inc. ("Thomas") and Phase II of the Project be sold to Teague- Ausburn Properties/Realty Development Corporation ("Teague/Realty"); and WHEREAS, the City wishes to ask HUD to enter into a contract with the Authority as attached to the letters to A. Max Bacon, Mayor, dated May 9, 1994 from HUD with such changes as are necessary to enable the Authority to purchase the Project. NOW THEREFORE BE IT RESOLVED AND IT IS HEREBY RESOLVED AS FOLLOWS: 1. The City accepts the offer of the Authority to purchase the Project from HUD in lieu of the City purchasing the Project and directs the Financial Advisor and Cochran; Camp & Snipes, Counsel to the City and General Counsel to the Authority, to negotiate terms of contracts between Thomas and Teague/Realty and the Authority and between the Authority and HUD for purchase of the Project. 2. Mayor Bacon is to send a letter to HUD asking HUD to allow the Authority to purchase the Project and a letter to the Authority accepting the Authority's offer to purchase the Project and to resell the Project to Thomas and Teague/Realty. CLERK'S CERTIFICATE I, the undersigned Clerk of the City of Smyrna, Georgia (the "City"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of the Resolution adopted at a meeting of the Mayor and Council of the City on July 18, 1994 which was duly called and assembled and at which a quorum was present and acting throughout. Witness my hand and the seal of said City, this 18th day of July, 1994. MAYOR AND COUNCIL CITY OF SMYRNA, GEORGIA By: Melinda Dameron, City Clerk (SEAL) RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA WHEREAS, the City of Smyrna, Georgia (the "City") employed Lex Jolley & Co. ("LJ&C"), a Division of Bank South Securities Corporation (`BSSC"), as Financial Advisor to the City to aid the City in accepting the offer of the United States Department of Housing and Urban Development ("HUD") in letters to A. Max Bacon, Mayor, dated May 9, 1994 to sell to the City Heritage Pointe Apartments Phases I and II (the "Project") located at 2550 Hargrove Road, Smyrna, Georgia; and WHEREAS, LJ&CBSSC is also Financial Advisor to the Housing Authority of the City of Smyrna, Georgia (the "Authority") (for the remainder of this Resolution, LJ&CBSSC are referred to as the "Financial Advisor"); and WHEREAS, the City directed the Financial Advisor to prepare a Request for Proposals ("RFP") for sale of the Project to private developers; and WHEREAS, the City has received a copy of the RFP, the availability of which was advertised by the City in the Marietta Daily Journal and copies of which were made available to all parties requesting copies; and WHEREAS, the City has appointed a Downtown Development Committee (the "Committee") to advise the City on downtown development around the Library and Community Center; and WHEREAS, the Committee met on Wednesday, July 6, 1994 and reviewed the memorandum dated June 30, 1994 from the Financial Advisor and those present voted unanimously to accept the recommendation of the Financial Advisor that: (i) Teague- Ausburn Properties/Realty Development Corporation ("Teague/Realty") be selected as the developers with whom negotiations should be undertaken for sale of the 180 units and 10 acres constituting Phase II of the Project to be maintained as apartments; and (ii) Thomas Enterprises, Inc. ("Thomas") be selected as the developer with whom to negotiate sale of the 280 units and 20 acres constituting Phase I of the Project. NOW THEREFORE BE IT RESOLVED AND IT IS HEREBY RESOLVED AS FOLLOWS: The Mayor and Council of the City concurs with the recommendation of the Financial Advisor and directs the Financial Advisor and Cochran, Camp & Snipes, Counsel to the City, to negotiate terms of contracts between Thomas and Teague/Realty for purchase of the Project subject to purchase by the Authority of the Project from HUD. CLERK'S CERTIFICATE I, the undersigned Clerk of the City of Smyrna, Georgia (the "City"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of the Resolution adopted at a meeting of the Mayor and Council of the City on July 18, 1994 which was duly called and assembled and at which a quorum was present and acting throughout. Witness my hand and the seal of said City, this 18th day of July, 1994. MAYOR AND COUNCIL CITY OF SMYRNA, GEORGIA By: Melinda Dameron, City Clerk (SEAL)