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11-07-1994 Regular MeetingNovember 7, 1994 The regularly scheduled meeting of Mayor and Council was held November 7, 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. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Jim Triplett, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Jim Lewis, pastor of Locust Grove Baptist Church, followed by the pledge to the flag. Mayor Bacon recognized Joe Boland, principal of Campbell High School, and Frank Galante, softball coach for Campbell High School, and asked them to come forward. Mayor Bacon announced the girls softball team has recently won the 1994 State AAAA Softball Championship and complimented them on their victory. Mayor Bacon then asked Jennifer Bartlett, Melody Brockman, Brandy Clark, Melissa Cochran, Beth Cooper, Mandy Cowan, Jennifer Dubrey, Christy Franklin, Valleri Green, Angie Hlozansky, Sue Mullins, Katherine Nalley, Misty Smith, Kelli Teague, Abbey Templeton and assistant coach Kellye Whitlock, managers Maurice Middleton and Terrence Wilson to come forward and have their picture taken by Kathie Barton. Mayor Bacon also announced Coach Galante was named "Coach of the Year" and Misty Smith was named "Player of the Year." Mr. Boland and Coach Galante thanked the Mayor and Council for the support they have received from the City and also for the reception. CITIZENS INPUT: Mayor Bacon recognized Congressman Newt Gingrich, candidate for reelection to the 6th District Congressional seat. Mr. Gingrich urged everyone to vote in tomorrow's election and urged all citizens to vote in favor of the public safety facility on the ballot tomorrow. Mayor Bacon recognized Randy Sander, candidate for House of Representatives, District 29, office. Mr. Sander also urged everyone to vote on November 8. Mr. Sander also stated he supported the building of the public safety building in Smyrna which is on the ballot for tomorrow. Mayor Bacon recognized C. E. Holder, Smyrna Kiwanis Club, who asked everyone to attend the Community Prayer Breakfast on Wednesday, November 23, at Smyrna First United Methodist Church and announced the speaker will be Juanelle Edwards. Mayor Bacon recognized Ralph Hancock who spoke on two of the referendums on the November 8 ballot. Mr. Hancock stated he was in favor of the 1% Road Improvement Sales tax and urged everyone to support it at the polls as it will benefit the City of Smyrna tremendously. He stated the 1994 1% road improvement sales tax will provide not only for road improvements but also railroad crossing improvements, shoulder widening, bridge replacements, pedestrian improvements and eight and a half million dollars for school improvements. He then urged everyone to vote in support of the referendum for the Smyrna Public Safety Facility, Referendum 202 on the ballot. Mayor Bacon then recognized members of the Optimist Club who were present at the meeting and asked them to come forward. Mayor Bacon asked Ron Newcomb to read a proclamation in honor of "Youth Appreciation Week" which is the second week of November. Mayor Bacon then presented the proclamation to Bill Hamilton, president of the Optimist Club. Mr. Hamilton introduced Gloria Atkinson, sponsor of the Octagon Club at Osborne High School, and Jennifer Fitzsimmons and Heather Robinson. PUBLIC HEARINGS: (A) Variance Request - 2671 Spring Road (Quik Trip) to Reduce the Building Setback from 50 feet to 16 Feet Mr. Thomson stated the applicant is requesting the variance to install another gas island on the western side of the property but the pipeline easement prevents them from expanding in that direction and they will need to expand toward Spring Road. Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the November 7 1994 meeting - continued granting of this variance request. There was none. Councilman Patrick stated he has examined the request for a variance from the Quik Trip Corporation for their store at 2671 Spring Road to reduce the building setback from 50 feet to 16 feet, in addition to an on -site inspection. He further stated he has discussed this issue with the City Attorney and the Fire Chief and has found nothing that would preclude the granting of this variance request. He then made a motion the variance request be granted. Councilman Scoggins seconded the motion. Motion was approved 7-0. Councilman Hawkins asked Chief Williams if there is a state minimum regulation that defines how far a gas pump can be from the street right of way. Chief Williams responded the minimum requirement is 10 feet from the highway right of way. He then asked Bob Gautier, representative from Quik Trip, how far from the right of way the pumps would be located. Mr. Gautier responded the proposed gas island would be twenty-six feet from the existing right of way and the edge of the gas canopy will be sixteen feet from the existing right of way. Mr. Gautier explained the gas pumps would be approximately forty-seven feet from the edge of Spring Road. The motion to approve this variance request was approved 7-0. Mayor Bacon then stated that he had failed to mention one item that had been on the agenda. The item was a show cause hearing for the Fiesta Club located at 2282 Old Concord Road. Mayor Bacon then stated that ten days ago he had signed a letter revoking their alcoholic beverage license after a night of INS (Immigration and Naturalization Services) raid at the Club. During this raid the INS arrested thirty- five illegal Hispanics, (thirty Mexican nationals, five from Honduras and Guatemala) and a hearing was scheduled tonight to consider revocation of the license. Mayor Bacon stated the club has been closed down since then and asked Chief Hook to come forward. Mayor Bacon also indicated that nine months ago, the city had been approached by an individual that wanted to put a Mexican Restaurant/Sports Bar at 2282 Old Concord Road and this body questioned the applicant, as all applicants are questioned before a liquor license is granted. Mayor Bacon stated the full body of council had been concerned at that time about whether or not that applicant could meet certain requirements under the Alcoholic Beverage License Ordinance which requires you must sell at least 50% food in order to obtain that license. He further stated the city has experienced several problems at that location and asked Chief Hook to report from there. Chief Hook stated the Fiesta Club opened in February, 1994, at 2282 Old Concord Road. He further stated that since the club opened there has been constant police type activity. He also stated that from February until the end of October, the police department had responded more than eighty-five times to that location on calls ranging from suspicious people to excessive alcohol consumption to fights. Chief Hook also stated the Fiesta Club about six months ago hired two armed guards who remained at the door constantly. Chief Hook stated the city discovered the club was dealing strictly in alcohol and not doing any food business at all. The Police Department sent two MCS agents into the club and on several occasions they were able to purchase cocaine from two employees and on another occasion they purchased marijuana from an employee and verified that there was no food available in the restaurant at all; they also overheard the waitresses being told to ring up food sales as every other purchase but you could not even purchase any food at the club. He further stated that reports from the club filed with the city reflected 50% food sales which was totally false. Chief Hook stated that when the people at the club were arrested, it was determined that a majority of the people being arrested of the Hispanic ethnic background were illegal aliens, therefore, they contacted the INS and on October 28, the Smyrna Police Department along with INS, ATF, Georgia Department of Revenue and the COBRA Team from the MCS squad conducted a raid and thirty-five illegal aliens were arrested by INS and three more persons were arrested as they arrived at the establishment. Chief Hook stated they accomplished what they hoped to do by filling three buses with illegal aliens and the next day all but five were deported to Mexico as the other five were from South America. He stated Mayor Bacon suspended the license for the Fiesta Club that night and since this an agreement was signed before Judge Bodiford where Ms. Pamela Martinez, the license holder, has agreed that she will surrender her license and neither apply for or ever receive again a liquor license or alcohol pouring license in the City of Smyrna or in the county of Cobb or any incorporated city within Cobb County. Chief Hook then stated the Fiesta Club is closed down and Ms. Martinez will never get a license for any establishment in Cobb County where alcoholic beverages are sold. Mayor Bacon stated that Ms. Martinez' attorney had filed a temporary restraining order (TRO) that would allow them to have their license back but Judge Bodiford ruled in the city's favor and then from that an agreement was reached between her attorney and our city attorneys that she would not be allowed to November 7 1994, meeting - continued operate a business in Smyrna, Cobb County or any of the other five municipalities ever again. Councilman Cramer stated he would like to publicly thank the police officers who handled this case since this is in his ward. He further stated there are eighty-five cases that our police officers had to take time out of protecting our citizens to answer these calls. He then expressed his appreciation to the Mayor and Council for their support in cleaning up this type establishment in the City. (B) Alcoholic Beverage License Request - Retail Package Beer and Wine - Sun Global, Inc., D/B/A Smyrna Supermarket - 2957 Atlanta Road Mr. Thomson stated Ms. Angela M. Stanfield will be the agent for this establishment. The Smyrna Supermarket is located at 2957 Atlanta Road. He further stated Ms. Stanfield has been given a copy of the Alcoholic Beverage Ordinance and the business license officer has reviewed the guidelines with her. Mayor Bacon recognized Ms. Stanfield and announced this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. Councilman Scoggins stated he had spoken with Ms. Stanfield last night and this is an opportunity for her to speak to the Mayor and Council about how she is planning to operate the business and how she plans to keep from selling to minors. Mr. Scoggins told Ms. Stanfield the City does conduct sting operations which means a business can be shut down immediately if necessary. Mayor Bacon asked Ms. Stanfield if she would be working at the store and Ms. Stanfield responded yes. Mayor Bacon then told Ms. Stanfield the City takes the issuance of alcoholic beverage license quite seriously and will not hesitate to pull a license if an establishment is found to be selling alcohol to minors and urged her to have some type system to check ID on all patrons. Ms. Stanfield said they do plan to card everyone and if the person does not have a Georgia ID or driver's license, they do not plan to allow them to make a purchase. Councilman Wood asked Ms. Stanfield what percentage of her sales will be in alcoholic beverage sales. Ms. Stanfield stated probably no less than fifteen or twenty percent and they do not keep a large supply of alcohol on the premises. Councilman Newcomb asked if Mr. Patel was present and Ms. Stanfield responded no, Mr. Amin was present who is the second partner in the business. Councilman Lnenicka stated he would like to mention for the record that Chief Hook did an investigation not only for the applicant but also for the owners and found no information that would preclude the issuance of this license. He then asked Ms. Stanfield if she understood, that as license holder, she is responsible for whatever does or does not happen, correctly or incorrectly, in that store. Ms. Stanfield responded yes. Councilman Scoggins then asked Ms. Stanfield if the business license department had given her any instructions or pamphlets for her to follow or read. Ms. Stanfield responded they had. Councilman Scoggins made a motion the application for retail package of beer and wine for Sun Global Inc., d/b/a Smyrna Supermarket at 2957 Atlanta Road be approved. Councilman Wood seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Ordinance Amendment to Article 11 - Solid Waste Disposal Mr. Thomson stated revisions were made to bring the existing solid waste ordinance up to the requirements of the State. He further stated additional sections have been added to indicate what the city does with chipped material and recycling services. A section is also added to allow an additional charge of $10 for large item pickup with the ability to charge $75 for picking up large items around dumpsters particularly in multi -family complexes. Councilman Scoggins stated he had consulted with the attorneys and stated since the ordinance is long he would just like to cover a few of the points in the ordinance. Mr. Scoggins then stated the city will be able to charge $75 for items picked up which are dumped on or near the street. He stated this basically refers to rental property. He further stated a copy of the ordinance will be kept on file in the November 7, 1994, meeting - continued City Clerk's office and will be available for anyone to see. Mr. Scoggins then made a motion that the revision to Article II - Solid Waste Disposal Ordinance be approved. Councilman Cramer seconded the motion. Councilman Hawkins asked if there will be a $10 fee added for large items, i.e., refrigerators, stoves, etc. and Mr. Scoggins responded that was correct. Mr. Hawkins then asked if there will be a $75 fee for picking up abandoned household goods and Mr. Scoggins responded yes. Mr. Scoggins stated that in most cases this will apply to tenants that have been evicted and their possessions have been placed on or near the street. Motion was approved 7-0. (B) Ordinance Amendment - Shopping Cart Impoundment Mr. Thomson stated the ordinance reads that shopping carts abandoned on any public street, sidewalk, way, right of way, parking lot will be impounded and the city will be imposing a fee of $25 to the owner for each cart so impounded. Councilman Newcomb stated this ordinance amendment allows the city to impound abandoned shopping carts and charge a storage fee of $25 for each impounded cart. He also stated if the owner of the carts does not claim them within sixty days, the city is authorized to dispose of them. Councilman Newcomb then made a motion the Ordinance Amendment - Shopping Cart Impoundment be adopted. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment - Economic Development Incentive Mr. Thomson stated the city has long understood the need for the continued healthy growth of the Smyrna economy. He furter stated this ordinance amendment establishes the authority of the Mayor and Council to offer development incentives to both existing and prospective businesses and residential developments. Councilman Wood stated the city proposes to amend the City of Smyrna Code by adding a provision for an economic development incentive ordinance. Mr. Wood read the declaration of policy contained in the ordinance and stated a new section entitled "Economic Development Incentive Ordinance" will be added to the code of ordinances. (The Ordinance is attached and will become a part of the official minutes of this meeting). Mr. Wood then made a motion the Ordinance Amendment - Economic Development Incentive be approved and if approved will become effective immediately upon passage by the Mayor and Council. Councilman Cramer seconded the motion. Councilman Hawkins stated he has some problem with incentive programs because it might give an advantage to some people on development impact fees and building permit fees. He further stated that many times the city goes outside the community and offers incentives to folks to come into the City and they subsequently open businesses that will compete with small businesses that have been conducting business for years. Mr. Hawkins stated he felt a greater danger is the fact that as the city will be sitting in the middle of Cobb County who has already passed such an ordinance to encourage people to stay in the unincorporated areas and he feels it is a no win situation. He stated he did not completely agree with it but felt the city needs an incentive program at least equal to the county's there would be no incentive for any business to come into the City of Smyrna. Councilman Wood stated all the council has concerns such as those expressed by Mr. Hawkins. He further stated it is not the intent of the council to damage any existing business and in fact this particular ordinance places a tremendous importance on retention of existing businesses. He stated the goal of the city is to provide a mechanism not only to help existing businesses or the redevelopment of those businesses but also to work in the redevelopment of the housing areas on the residential side. Mr. Wood stated this ordinance is similar in many respects to the Cobb County ordinance but it also deals with residential development which the county ordinance does not. Mr. Wood stated the first priority of the city is to existing businesses and to help them first and to bring in new business that will contribute to the economic viability of the community. He further stated there is no tax abatement included in this ordinance. Motion to approve the Economic Development Incentive Ordinance was approved 7-0. (D) Bid Opening - Personal Computer Maintenance Agreement Mayor Bacon asked if there were any bids in the audience. There were none. Five bids were received, opened and read as follows: CSA Computer Services of Atlanta $17,241 annually $1,609.16 monthly November 7, 1994, meeting - continued Precision Data Services, Inc., Atlanta $16,698 annually ATS Atlanta, Inc. Cherokee Data Systems, Smyrna Computer Sentry of Georgia, Norcross $16,512.25 annually $1,377.61 monthly $29,988 annually $2,499 monthly $14,740 annually $1,5228.99 monthly Councilman Scoggins made a motion the bids be turned over to the Finance and Administration Committee with a recommendation brought back at the next council meeting. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Temporary Use Permit (6 Months) - Office Trailer - Classic Auto Sales - 2380 Ventura Road Councilman Cramer stated that before the meeting tonight, Mr. Perez requested this item be removed from the agenda. Councilman Cramer made a motion the Temporary Use Permit (6 Months) - Office Trailer - Classic Auto Sales - 2380 Ventura Road be removed from the agenda. Councilman Hawkins seconded the motion. Motion was approved 7-0. BID AWARDS: (A) Service Truck for Public Works Water/Sewer Department Councilman Scoggins made a motion that Carl Black Buick Pontiac/GMC of Cartersville, Georgia, be awarded the bid for $25,095.35 and indicated this is the low bid meeting specifications. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Concord Road Turn Lane at North Cooper Lake Road Councilman Scoggins stated the Public Works Committee had met and discussed this item and he would like to make a comment before making a motion on this bid award. Mr. Scoggins stated this particular intersection is one that the city has been working on for about a year and a half and he is glad to see it finally come to a head for everybody. Mr. Scoggins then made a motion that Tucker Grading and Hauling be awarded the contract for the Concord Road Turn Lane at North Cooper Lake Road for $215,910.40 and further stated Tucker Grading and Hauling is the low bidder. Motion was seconded by Councilman Wood. Motion was approved 7-0. (C) Water and Sewer Line Installation Councilman Scoggins stated this items falls under the new legislation law and made a motion that all bids be rejected. Motion was seconded by Councilman Wood. Motion to reject all bids was approved 7-0. Councilman Lnenicka asked if this item would be rebid and Mr. Scoggins responded it would be rebid. (D) Concrete Contract Councilman Scoggins made a motion the concrete contract, which is a two year contract, be awarded to Braswell Concrete Company, who was the only bidder. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Annual Report - Community Relations Councilman Scoggins made a motion the bid for the Community Relations Annual Report be awarded to Seiz Printing in the amount of $10,800, which is the low bid. Councilman Hawkins seconded the motion. Motion was approved 6-1 with Mr. Newcomb opposed. (F) HVAC Contract Councilman Wood stated that for some time the City has been going month -to -month on its HVAC maintenance contract and it is the recommendation from staff that this contract be awarded to J. R. November 7 1994, meeting - continued Nichols and Company, Smyrna, Georgia. Councilman Hawkins seconded the motion. Motion was approved 5-2 with Mr. Lnenicka and Mr. Newcomb opposed. CONSENT AGENDA: (A) Approval of October 17, 1994, Minutes (B) Approval of Letter of Endorsement - Carl Vincent Institute - University of Georgia - Promotional Testing (C) Approval of Minimum Permit Fee Increase (D) Approval to Use Council Chambers November 16, 1994, from 7:00 - 9:00 p.m. (Ward 6 Meeting) Councilman Cramer made a motion the consent agenda be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. SHOW CAUSE HEARINGS: Mayor Bacon stated this item was taken care of earlier. Mayor Bacon stated he wanted to thank the four high school students who remained for the entire council meeting and recognized a young boy in the audience who is a Boy Scout attending the meeting in an effort to earn his Eagle Scout Badge. Mayor Bacon then stated that November 8, 1994, is a very important day as it is election day from 7:00 a.m. - 7:00 p.m. He urged everyone to vote and encouraged everyone to support the Public Safety Facility for the City of Smyrna. COMMITTEE REPORTS: Councilman Patrick asked Laurel Best for a report on the Library. Ms. Best reported the winner of the Stephen King Trivia Contest was Brenda Sweetwood who won a copy of his new book "Insomnia" by getting eight of the ten questions correct. Ms. Best stated the artist for the month of November is Gail Morris who has a mixed media exhibit. Ms. Best also stated the Library has a temporary of chrysanthemums compliments of Ms. Mary Betty Johnson who brought in her blue ribbon winner of the best basket award at the Atlanta Botanical Gardens held this past weekend. Councilman Patrick reminded everyone that November 11 is Armistice Day and encouraged everyone to remember those who made the ultimate sacrifice in the service to their country. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White reported the City of Smyrna's Personnel Policies and Procedures Manual was one of eight policy manuals selected from all over the country by the ICMA Human Resources Report to be highlighted. Ms. White reported the police officer interview and selection panel continues to do a great job and as of today have interviewed thirty-seven candidates and the remaining seven interviews will be completed tomorrow. Ms. White stated that on Wednesday, November 9, the Human Resources Department will be able to present the panel's ranking of these candidates to Chief Hook. Ms. White further stated that on Tuesday morning, November 8, she will be with the Fire Department conducting training sessions for the individuals who have volunteered to serve on that panel. Councilman Newcomb commended Ms. White for the many hours she and the committee spent on preparing the Personnel Policies and Procedures manual. Mr. Newcomb urged everyone to support the 1%n sales tax extension for the purpose of road improvements. Councilman Scoggins asked Kathie Barton for a report on Community Relations. Ms. Barton reported she has been taking pictures of the demolition of the Heritage Pointe apartment complex. Ms. Barton also reported the Safe Kids Fest held November 5 was a tremendous success. Ms. Barton stated there will be a mailout in the November water bill informing the residents of the Christmas festivities this year. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk reported the sale of Jonquil bulbs is going very well with only about 100 bags remaining and if there is a need to reorder she will reorder. She also expressed her appreciation to Reeves Garden Shop and November 7 1994 meeting - continued Burger's Market for their assistance in the sale of the Jonquil bulbs. Ms. Kirk reported that beginning November 8, the city will begin a mixed office paper recycling effort. Ms. Kirk then stated that effective September of 1996 it will be illegal for residents to place bags of leaves for collection at the curb as it will be against the State law to mix yard waste with municipal solid waste for placement in the landfill. She also urged the citizens to call her about information regarding composting. Councilman Scoggins encouraged all citizens to vote tomorrow to support the Public Safety Facility that is on the ballot for the City of Smyrna. Councilman Hawkins asked Chief Williams for a report on the Fire Department. Chief Williams reported that for the month of October, they had 1,077 visitors at the Fire Safety House. Chief Williams reminded all citizens that beginning November 14 and through the end of November, the Fire Department will be conducting hydrant flow testing throughout the city and asked for their patience and indulgence. Chief Williams also stated his department completed a training exercise at the Heritage Pointe Apartment Complex and one of the exercises dealt with the results of fires at "sprinkled" buildings versus fires at "non -sprinkled" buildings. Mr. Williams reported a lot of information regarding the effects of burning buildings on the environment will be gathered from that exercise. Councilman Hawkins reminded everyone to vote tomorrow and urged the support of the 1% Sales Tax extension and the Public Safety Facility. Councilman Cramer called on Steve Ciaccio for a report from the Parks ad Recreation Department. Mr. Ciaccio reported the Halloween Carnival held October 31 was very successful and very well attended. Mr. Ciaccio reported the Christmas tree lighting ceremony will be December 2, 1994, on the Village Green along with an arts and craft show that will be taking place at that time. He also stated the exact time of the tree lighting ceremony has not been set at this time but it should occur shortly after dark. Councilman Cramer urged everyone to vote tomorrow in support of the Public Safety facility as well as the extension of the 1% sales tax for road improvements. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported the Police Department had answered over a thousand calls to the property annexed into the city this year. He urged everyone to vote tomorrow and asked for their support of the new public safety facility. Councilman Lnenicka then urged everyone to vote in support of the Public Safety facility and also the 1% sales tax extension. Councilman Lnenicka announced he will be having a Ward 6 meeting on November 16, 1994, in the Smyrna City Hall Council Chambers beginning at 7:00 p.m. He stated this meeting is for the residents of Cedar Cliffs Phase III and Vinings Glen, Phases I and II. He further stated Tommy Eubanks, Neal Peavy and Bob Gibson have come before the city with a request for rezoning off of Cooper Lake Road which will back up to Cedar Cliffs and Vinings Glen. He indicated the property is currently zoned Residential - multi -family and 0&1, Office/Institutional for warehouses, and they are requesting to change that to single family residential RAD-Conditional and involves 39.77 acres and 101 lots. Mr. Lnenicka stated the builders have indicated the home prices will start at $250,000 and up. Mr. Lnenicka sated the Planning and Zoning Board will consider this request at their November 14 meeting and urged anyone interested in this issue to attend that meeting. Councilman Wood asked Jim Triplett for a report on the Finance Department. Mr. Triplett reported the CIP Committee will be meeting again tomorrow morning to discuss requests on years two through six of the CIP Plan the city is preparing and will cover fiscal years 1997 through 2001. Councilman Wood also urged everyone to vote in support of the Public Safety facility and the extension of the 1% sales tax for road improvements. With no further business, the meeting adjourned at 9:33 p.m. November 7 199 n - continued A. MAX BACON, MAYOR MIN WAR 1-m- glfg7l4fil.�� , � �;alz 9, a, � - J K CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 MEL A DAMER N, CITY CLERK RON NEWCOMB, WARD 2 I JAMES M. HAWkiNS, WARD - WADE A ECONOMIC DEVELOPMENT INCENTIVE ORDINANCE The Code of the City of Smyrna is hereby amended by adding a Section as follows: Declaration of Policy WHEREAS, The City of Smyrna is a growing and dynamic city committed to managed growth and quality development of commercial and residential areas within the City; and WHEREAS, the Mayor and Council, along with the Chamber of Commerce, have jointly participated in efforts to target the strengths and eliminate the weaknesses of the City as it continues to attract quality commercial and residential development; and WHEREAS, the City desires a comprehensive program to encourage business and residential development, retention and rehabilitation; and WHEREAS, the Mayor and Council has researched a variety of incentive -based programs and have recommended the establishment of same; NOW THEREFORE, the Mayor and Council of the City of Smyrna hereby amends the Code of Ordinances by adding a new Section entitled: "Economic Development Incentive Ordinance." i' Definitions. a. Comprehensive Plan - The City's Comprehensive Plan. b. Economic Impact Requirement - A target business or residential development shall generate sufficient governmental revenues to meet or exceed the financial value of incentives. C. Target Business - A preferred business or industry type as identified by Standard Industrial Classification Codes under the Incentives Plan or a special impact project of such magnitude as may be identified by the Mayor and Council. d. Target Residential Development - a residential development consistent with the comprehensive plan of the City of Smyrna as approved by the Mayor and Council. The City's Economic Development program shall do the following: a. Establish and update every year an Incentives Plan for the implementation of development incentives to provide for quality controlled growth, retention, redevelopment, and rehabilitation of targeted Smyrna businesses and residential areas within the parameters of the City's Comprehensive Plan. b. The City shall establish an advisory committee which shall be responsible for review of the Incentives Plan. Members shall be appointed by the City Council with each council member having one appointment. The Mayor shall appoint two members. Additionally, there shall be three members appointed at large by the Smyrna Business Association. Members shall serve a two year term. C. The City will develop, in conjunction with the Planning and Zoning Board of the City of Smyrna, for the Mayor and Council's consideration and adoption, such amendments as may be deemed necessary from time to time. d. The City will coordinate with local, state, and federal agencies and such other businesses and organizations to encourage new business and residential development and the redevelopment and retention of existing businesses. 1 e. The City will develop an inventory of prospective properties subject to redevelopment. f. The City shall prepare an analysis of the economic impact of a targeted business or residential development. g. The City shall be authorized to offer incentives to targeted businesses and residential developments in accordance with the Incentives Plan. Incentives Plan a. The City shall develop an Incentives Plan which shall be adopted in the method prescribed by the Mayor and Council for the adoption of amendments to this Code. b. Five years from the date of the enactment of the Economic Development Incentive Ordinance all authorization to offer incentives shall expire. Renewal or extension to authorize any offer of incentives shall require approval of the Mayor and Council. C. Subject to the restrictions set forth below, areas for incentives which may be offered are as follows: 1. Development Impact Fees 2. Plan Review Fees 3. Water System Development Fees 4. Business License Fees 5. Financing of Sewer System Development Fees 6. Redevelopment Zones pursuant to O.C.G.A. §36-44-3 7. Water/Sewer User Charges 8. Building Permit Fees Eligibility for Incentives At a minimum, a target business or residential development shall meet the following criteria a. No incentive shall be offered or made available to any target business or residential development which will not add at least 10 new jobs and an estimated annual economic impact of $250,000 to the City of Smyrna. b. A target business shall be required to establish financial solvency. 4 C. Residential developments will be consistent with the goals as officially set forth by the comprehensive plan as approved by the Mayor and Council. Conflict of laws; Incentive Recapture Should any incentive offered by the Mayor and Council hereunder be determined to be illegal, unenforceable, or invalid, then the recipient, his, her or its successors, heirs or assigns, agrees to promptly reimburse the City. Any applicant which receives or participates in any incentive offered hereunder agrees not to relocate or de -annex for the period for which the incentive is granted. Should an applicant, his, her or its successors, violate the above provision, then such applicant shall immediately reimburse the City for the value of any incentive received hereunder. Effective Date This Ordinance shall become effective upon passage by the Mayor and Council. 2