April 6, 1998 Council Meeting
April 6, 1998
The regular scheduled meeting of Mayor and Council was held 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 Clerk Melinda Dameron, City Attorney Charles E. Camp and
representatives of the press.
Invocation was given by Reverend Mike Britt, Norton Park Baptist Church, followed by the pledge to the
flag.
CITIZENS INPUT:
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Mayor Bacon recognized Representative Randy Sauder who provided an update to the city on events of
the legislative session.
PUBLIC HEARINGS:
(A) Alcoholic Beverage License Request - Agent Change - AFA Enterprises, Inc., d/b/a Cumberland
Amoco - 2535 Cobb Parkway - Retail Package Beer
Ms. Dameron stated Mr. Sam Awaise has applied to be the agent for AFA Enterprises, Inc., d/b/a
Cumberland Amoco. Ms. Dameron further stated this item was tabled from the March 16, 1998, meeting
due to Mr. A waise having been out of town. Mayor Bacon stated this is a public hearing and asked if
anyone was present in opposition to the granting of this agent change request. There was none.
Councilwoman Capilouto asked Mr. Awaise to come forward. Ms. Capilouto asked Mr. Awaise if he had
held an alcoholic license before and he responded he had and further stated those locations were in
Lawrenceville and Sugar Hill. Ms. Capilouto asked Mr. Awaise if the business license officer had given
him a copy of the alcoholic beverage license and had reviewed it with him. Mr. Awaise responded yes.
..
Councilman Lnenicka asked Mr. Awaise why no one from his company had attended a city-sponsored
seminar for persons selling alcoholic beverages. Mr. Awaise responded that when his company was
involved in a sting operation they learned their lesson. Mr. Lnenicka commended Captain Brack for the
seminar and stated it was a very informative session. Councilwoman Capilouto asked Mr. Lnenicka to
review the possibility of making attendance at the seminar mandatory for all alcoholic beverage license
holders.
Councilwoman Capilouto stated for the record that the Police Department investigation revealed nothing
that would preclude the issuance of the license to Mr. Awaise. Councilwoman Capilouto made a motion
that the alcoholic beverage license for retail sales of package beer with Mr. Sam A waise as the agent at
Cumberland Amoco - 2535 Cobb Parkway - be approved. Councilman Scoggins seconded the motion.
Motion was approved 7-0.
(B) Variance Request - 3231 South Cobb Drive - Increase the Building Sign from 40 square Feet to
120 Square Feet
Ms. Dameron stated this item was tabled from the March 16, 1998, meeting in order to allow the
Community Development Committee sufficient time to review the recently adopted South Cobb Drive
Overlay District and how it relates to building signage. Mayor Bacon stated this is a public hearing and
asked if anyone Was present in opposition to the granting of this variance request. There was none.
Councilman Hawkins asked the applicant, Mr. Michael Grossman, to come forward. Councilman Hawkins
stated the size of the sign being requested is actually larger than what would be allowed in Cobb County.
He stated the largest sign allowed in the county is 60 square feet and asked Mr. Grossman if that size sign
was approved, would that be sufficient. Mr. Grossman asked if the item could be tabled for two weeks
or until the next council meeting so that he could take this proposed size back to his superiors for their
.. approval.
Councilman Hawkins made a motion that the variance request at 3231 South Cobb Drive to increase the
building sign size from 40 square feet to 120 square feet be tabled until April 20, 1998. Councilman
Scoggins seconded the motion. Motion was approved 7-0.
(C) Variance Request - 4585 South Cobb Drive - Reduce Side Yard Setback from 50 Feet to 10 Feet
Ms. Dameron stated this item was tabled from the March 16, 1998, meeting and indicated a letter from
the applicant requesting this item be withdrawn was received April 2, 1998. Mayor Bacon stated this is
April 6, 1998, council meeting - continued
a public hearing and asked if anyone was present to address this issue. No one was present.
Councilman Lnenicka stated the applicant, Mr. Morris Piha, had worked with the city and the residents
on development of this property and through these efforts has been able to place the building on the lot
without requiring any variances.
Councilman Lnenicka made a motion that the variance request at 4585 South Cobb Drive to reduce the side
yard setback from 50 feet to 10 feet be withdrawn without prejudice. Councilman Wood seconded the
motion. Motion was approved 7-0.
(D)
Zoning Request - Amend RAD Conditional Zoning At Church Street
....
Ms. Dameron stated the applicant has requested an amendment to the RAD Conditional zoning at Church
Street. Ms. Dameron stated the applicant, Rose Homes, Inc., has rearranged the streets to improve the
layout of the sub-division and provide a safer means of egress/ingress from Church Road. Mayor Bacon
stated this is a public hearing and asked if anyone was present in opposition to the proposed amendment
to the zoning. Ms. Sandra McQueen was present in opposition and Mayor Bacon asked City Attorney
Chuck Camp to administer the oath to Ms. McQueen and Nick Williams, who was present representing
Sam Leveto.
Councilman Hawkins asked Mr. Williams to briefly describe why the amendment to the RAD Conditional
zoning was necessary. Mr. Williams explained they had determined the proposed location of the
entrance/exit to the subdivision presented a sight distance problem and created a possible safety hazard.
Mr. Williams stated they are proposing to change the location of the entrance/exit to the subdivision and
by doing so, would improve sight distance and reduce any safety concerns for residents entering or exiting
the subdivision.
Mayor Bacon recognized Sandra McQueen. Ms. McQueen stated she was concerned about the proposed
location of the entrance/exit would create sight problems for herself and three other residents on Church
Street. Mr. Williams indicated on the plat where the proposed driveway would be and assured Ms.
McQueen this location would be less of a safety hazard than the previously planned entrance way.
Councilman Hawkins asked Mr. Williams to be sure and coordinate the location of the driveway, signage
and shrubbery with the City Engineer and Mr. Williams responded he would do so.
....
Councilman Hawkins made a motion that the RAD Conditional zoning at Church Street be amended to
reflect the new location of the entrance/exit. Mr. Hawkins reminded Mr. Williams that all previous
stipulations for the RAD Conditional zoning on this property are still in effect. Councilman Lnenicka
seconded the motion. Motion was approved 7-0.
(E) Variance Request - 1955 Lochlomand Lane - Reduce Side Yard Setback from 10 Feet to 7 Feet
Ms. Dameron stated the applicant, Mr. and Mrs. Kent Gruenewald have applied for the variance in order
to build an attached two-car garage on their property. Mayor Bacon stated this is a public hearing and
asked if anyone was present in opposition to the granting of the variance request. There was no opposition.
Councilman Newcomb asked Mr. Frank Rupp, representing Mr. and Mrs. Gruenewald, to briefly explain
why the variance is necessary. Mr. Rupp responded the home was built in 1959 and did not have an
existing garage. Mr. Rupp stated the Gruenewald's need the garage to provide sheltered parking, vehicle
maintenance, safety from vandalism and safe access to and from their home. He further stated the
adjoining neighbors have been notified of the variance request.
Councilman Newcomb stated the adjoining neighbors did not indicate any opposition to the granting of this
variance request. Councilman Newcomb made a motion the variance request at 1955 Lochlomand Lane
to reduce the side yard setback from 10 feet to 3 feet be approved. Councilman Cramer seconded the
motion. Motion was approved 7-0.
....
(F) Annexation of Property - 613 Concord Road - Land Lot 381, 17th District, 2nd Section, Cobb
County, Georgia
Ms. Dameron stated Mr. Andrew W. Hudgens, 613 Concord Road, requested annexation of his property.
Ms. Dameron further stated the petition to annex the property was validated at the March 2, 1998, meeting
and all legal advertisements have been made.
April 6, 1998, council meeting - continued
Councilman Hawkins made a motion to approve the annexation of the property at 613 Concord Road to
become a part of Ward 4 effective May 1, 1998. Councilman Cramer seconded the motion. Motion was
approved 7-0.
(G) Annexation of Property - 3574 Hickory Circle - Land Lot 554, 17m District, 2nd Section, Cobb
County, Georgia
Ms. Dameron stated Mr. Walter D. Lee, 3574 Hickory Circle, requested annexation of his property. Ms.
Dameron further stated the petition to annex the property was validated at the March 2, 1998, meeting and
all legal advertisements have been made.
..
Councilman Lnenicka made a motion to approve the annexation of the property at 3574 Hickory Circle
to become a part of Ward 6 effective May 1, 1998. Councilman Wood seconded the motion. Motion was
approved 7-0.
(H) Variance Request - 2964 South Cobb Drive - Allow Two Lots to be Used to Meet One-acre Lot
Requirement for Auto Sales
Ms. Dameron stated the applicant, Auto Expo Corporation, has requested the variance in order to meet
the one-acre lot size requirement for auto sales. Mayor Bacon stated this is a public hearing and asked if
anyone was present in opposition to the granting of this variance request. There was no opposition.
Mayor Bacon recognized Mr. Wendell Willard, attorney for Auto Expo. Mr. Willard stated his applicant
leased the property for the purpose of having an auto sales business but was unaware of the city's lot size
requirement. Mr. Willard further stated his client has arranged to lease another tract of land adjoining the
smaller lot, which will enable him to meet the city's one-acre lot size requirement.
Councilman Cramer made a motion to deny the variance request at 2964 South Cobb Drive to allow two
lots to be used to meet the one-acre lot size requirement for auto sales. Councilman Newcomb seconded
the motion. Motion to deny was approved 7-0.
..
FORMAL BUSINESS:
(A) Authorize Mayor to Sign Reimbursement Resolutions of the City of Smyrna Downtown
Development Authority and the City of Smyrna
Councilman Lnenicka stated the city plans to build a new fire station without the sale of bonds and the
authorization for the Mayor to sign the reimbursement resolutions is similar to buying insurance. Mr.
Lnenicka stated the first resolution of the Authority is to authorize the subsequent issue of bonds to
reimburse the city for funds advanced for the new fire station. He then stated the second resolution of the
Mayor and Council authorizing the advancement of $3,000,000 to the Authority is to enable them to
complete the project with the expectation that the city will be reimbursed from the proceeds derived from
a bond issue of the Authority. Mr. Lnenicka stated these resolutions do not compel the issuance of bonds
by the Authority; but put the Authority and the City in the position of taking advantage of a bond issuance
at a later date if they so desire to do so.
Councilman Lnenicka made a motion to authorize the Mayor to sign reimbursement resolutions of the City
of Smyrna Downtown Development Authority and the City of Smyrna. Councilman Newcomb seconded
the motion. Motion was approved 7-0.
(B) Approval to Rescind Stipulation on Concord Road Property
Ms. Dameron stated at the stipulations on the Concord Road Property (pulte Homes) were approved at the
January 5, 1998, council meeting. Based on the advice of legal counsel, Stipulation 8, relative to the price
.. of homes, should be rescinded.
Councilman Wood stated that upon the advice of counsel, stipulation 8 "the price range of these houses
will be from the $130,000's to the $200,000's. No more than five percent of the houses will be in the
$130,000's" should be rescinded since an elected body can not stipulate prices.
Councilman Wood made a motion that Stipulation 8 (puIte Homes) approved at the January 5, 1998,
meeting of council be rescinded. He further stated the other stipulations would remain in effect (see
minutes of January 5, 1998, for stipulations). Councilman Cramer seconded the motion. Motion was
approved 7-0.
April 6, 1998, council meeting - continued
(C) Validate Petition to Annex Property - Spring Street, Land Lot 593, 2nd Section, Cobb County,
Georgia (1.359 Acres)
Ms. Dameron stated Mr. Nolan C. Robinson, Sr., has requested annexation of 1.359 acres on Spring
Street, just west of the intersection of Spring and Matthews Street. Ms. Dameron further stated this parcel
is part of the combined acreage, which was rezoned at the March 16, 1998, meeting for Lifestyle
Residential, Inc., to facilitate construction of 37 townhomes.
Councilman Scoggins read the legal description as follows:
--
All that tract or parcel of land lying and being in Land Lot 593 of the 17th District, 2nd Section, Cobb
County Georgia, and being more particularly described as follows:
BEGINNING at a point on the south line of Land Lot 593, which point is located 72 2/3 feet west of the
southeast corner of Land Lot 593; running thence north 313 lh feet; running thence west 202 1/3 feet;
running thence south 313 lh feet to the south line of Land Lot 593; running thence east along the south line
of Land Lot 593 a distance of 202 1/3 feet to the point of beginning, less and except any of the property
described herein which lies within the right of way of Spring Street.
Councilman Scoggins made a motion that the petition to validate the above-described property on Spring
Street be validated and set a public hearing date for May 4, 1998. Councilman Wood seconded the motion.
Motion was approved 7-0.
(D) Validate Petition to Annex Property - Spring Street and Matthews Street, Land Lot 593, 2nd
Section, Cobb County, Georgia (.52 Acres)
Ms. Dameron stated Mr. Ralph M. Lacy has requested annexation of .52 acres at the northwest corner of
Spring and Matthews Street. Ms. Dameron further stated this parcel is part of the combined acreage,
which was rezoned at the March 16, 1998, meeting for Lifestyle Residential, Inc. to facilitate construction
of 37 townhomes.
Councilman Scoggins read the legal description as follows:
--
All that tract or parcel of land lying and being in the 17th District and Second Section of Cobb County,
Georgia, and near the town of Smyrna, being a part of the original Land Lot No. 593.
BEGINNING at a point on the west side of Matthews Street two-hundred-twenty-five (225) feet north of
the southwest corner of Spring Street and Matthews Street; running thence west seventy-two and two-thirds
(72-2/3) feet to the Lonnie Robinson property; running thence north along the line of the Robinson property
a distance of ninety (90) feet to a stake at the Thompson property; running thence east along the southern
line of Thompson property a distance of seventy-two and two-thirds (72-2/3) feet to a stake on the west
side of Matthews Street; running thence south along the west side of Matthews Street a distance of ninety
(90) feet to an iron stake and the point of beginning.
Also, BEGINNING at a point at the southwest corner of Spring Street and Matthews Street and running
west a distance of 72+ feet to a point; thence north 204.0' to a point; thence east 72+ to a point on the
east right of way line of Matthews Street; thence south a distance of 2042. feet to the southwest corner
of Spring Street and Matthews Street and point of BEGINNING.
Councilman Scoggins made a motion that the petition to validate the above described property at the
northwest corner of Spring Street and Matthews Street be validated and set a public hearing date for May
4, 1998. Councilman Wood seconded the motion. Motion was approved 7-0.
(E)
Appointment of Downtown Development Authority Members
--
Ms. Dameron stated the one-year terms of the current DDA members expires in April. Mayor Bacon read
the names of the existing members and indicated they have all expressed an interest in being re-appointed.
Councilman Lnenicka made a motion that the following persons be re-appointed for another one-year term
to expire in April, 1999.
Hubert Black
C. J. Fouts
April 6, 1998, council meeting - continued
Jim Pitts
Steve Shupert
Willouise Spivey
Doug Stoner
Jimmy Wilson
Councilman Cramer seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING PERMITS:
- There were none.
BID AWARDS:
(A) Bid Award - HV AC Maintenance Contract
Councilman Lnenicka stated bids were solicited from 13 companies for the maintenance of the HV AC
systems throughout the city buildings. Mr. Lnenicka reported only six proposals were returned.
Councilman Lnenicka made a motion that the bid award for the HV AC Maintenance contract be awarded
to Southern Mechanical for $14,595.00/year. Councilman Cramer seconded the motion. Motion was
approved 7-0.
CONSENT AGENDA:
(A)
(B)
(C)
(D)
(E)
- (F)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
Approval of March 16, 1998, Minutes
Approval to Request Bids - Paving, Curbing and Gutter - Cobb Park Playground Parking Lot
Approval of Professional Contract - John Moeller - Consolidation of Existing Overlay Districts
and Addition to Zoning Ordinance
Approval to Use Council Chambers - Wednesday, April 1, 1998,6:30 - 9:00 p.m. - Meeting of
DDA/DDA Task Force and Residents of Village Green
Approval to Use Council Chambers - Wednesday, April 15, 1998, 6:30 - 9:00 p.m. for Ward 6
Meeting - Vinings Forest Homeowners Association
Approval of Budget Adjustment - From Contingency Fund to community Relations Department
Approval to Request Proposals for Comprehensive Actuarial Study of City's Retirement Plan Plus
Proposed Changes
Approval to Request Bids for Labor, supplies, Equipment and Supervision Necessary to Provide
Cleaning Services for City Hall, Library, Public Works, Public Safety and community
Development Buildings
Approval to Use Council Chambers - April 14, 1998,6:00 - 9:00 p.m. - CMA Meeting
** Approval of Fire Department Promotional Policy Prepared by University of Georgia
Approval of Economic Incentive Values - Lifestyle Residential Development - Spring Street
Approval of Economic Incentive Values - Pulte Development on Campbell Road
Amendment to 1 % Road Tax Budget - Decorative Lighting
Approval to Request Bids - Furniture for Court Services
Councilman Wood made a motion that Item (1) - **Approval of Fire Department Promotional Policy
Prepared by University of Georgia be removed from the Consent Agenda. Councilman Newcomb
seconded the motion. Motion was approved 7-0.
Councilman Scoggins made a motion the consent agenda, with the removal of Item (J), be approved.
Councilman Wood seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
... Mayor Bacon announced that former Public Works Director Vic Broyles passed away on March 25, 1998.
Mayor Bacon expressed his condolences to the family of Mr. Broyles. Mayor Bacon also announced that
Anne Bishop, former member of the Smyrna Clean and Beautiful Commission, passed away March 26,
1998. Mayor Bacon expressed his condolences to her family.
Councilwoman Capilouto and Councilmen Newcomb and Scoggins had nothing to report.
Councilman Hawkins expressed his condolences to the family of Mr. Broyles and Ms. Bishop.
Councilman Lnenicka expressed his condolences to the family of Mr. Broyles. Mr. Lnenicka then
April 6, 1998, council meeting - continued
announced that the Alcoholic Beverage Training Seminar was very well conducted and commended the
businesses that participated in the session.
Councilman Lnenicka announced that Joe Davis, former Purchasing Agent for the City of Smyrna, had
resigned and the city is recruiting for that position.
Councilman Wood expressed his condolences to the family of Mr. Broyles. Mr. Wood then stated a long-
time resident Ms. Ethel Turner recently celebrated her 100th birthday last week.
With no further business, the meeting adjourned at 9:08 p.m.
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L~~
A.MAXBACON,MAYOR
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MELIND ~DAtlERON, cif\P CLERK-
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CHARLENE CAPILOU , WARD 1 RON NEWCOMB, WARD 2
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B L SC GGINS, W
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Y JACK CRAMER, WARD 5
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CHARLES PETE WOOD, WARD 7
;s;;ji:;L
WADE S. LNENICKA, WARD 6
-
~
,
CLERK'SCERTDnCATE
-.
GEORGIA, COBB COUNTY
I, Melinda Dameron, Clerk of the City of Smyrna, Georgia, DO HEREBY CERTIFY
that the foregoing pages constitute a true and correct copy of a resolution adopted by the Mayor
and Council of the City of Smyrna at an open public meeting duly called and lawfully assembled
at 7: 30 ~. M., on the ~ day of April , 1998, the original of said resolution
being duly recorded in the Minute Book of the Mayor and Council, which Minute Book is in my
custody and control.
I do hereby further certify that the Mayor and following members of the Council were
present at said meeting:
A. Max Bacon, Mayor
Jim Hawkins
Charlene Capilouto
Jack Cramer
Ron Newcomb
Wade Lnenicka
Bill Scoggins
Pete Wood
..
and that the following members were absent:
and that said resolution was duly adopted by a vote of
Aye~
Nay 0
Abstain
WITNESS my hand and the official seal of the City of Smyrna, Georgia, this the ~ day
of April , 1998.
~vt~r ~ }1../ /{)fiAJ1 {~
Clerk
(8 E A L)
...
~
...
A RESOLUTION TO DECLARE OFFICIAL INTENT PURSUANT TO THE
PROVISIONS OF SECTION 1.150-2 OF THE INCOME TAX REGULATIONS
PROMULGATED UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
WHEREAS, pursuant to an amendment to Article VII, Section VII, Paragraph I of the
Constitution of the State of Georgia of 1945 (Georgia Laws 1970, p. 1117 et seq.) and now
specifically continued pursuant to an Act of the General Assembly (Georgia Laws 1986, p. 3957
et seq.) as a part of the Constitution of the State of Georgia of 1986, and under the provisions of
Georgia Laws 1989, p. 4382 et seq., known as the "Downtown Smyrna Development Authority
Act" (COllectively, the "Authority Act") there was created a body corporate and politic,
designated as the "Downtown Smyrna Development Authority" (hereinafter sometimes referred
to as the" Authority") and the Authority is deemed to be a political subdivision of the State of
Georgia and a public corporation, which Authority has been duly activated and organized and its
members are now performing their duties and are serving in the furtherance of the purpose for
which the Authority was created; and
WHEREAS, the City of Smyrna is a public body corporate and politic and a municipal
corporation duly organized and validly existing under the laws of the State of Georgia; and
....
WHEREAS, the Authority is authorized to undertake the acquisition, construction,
remodeling, altering, renovating, equipping, maintaining, and operating of buildings, both private
and public, and the usual and convenient facilities appertaining to such undertakings and extension
and improvement of such buildings; the acquisition of parking facilities or parking areas in
connection therewith; the construction, reconstruction, alteration, changing and closing of streets,
roads, and alleys; the acquisition of the necessary property therefor, both real and personal; and
the lease and sale of any part or all of such buildings, including real and personal property, so as
to assure the efficient and proper development, maintenance and operation of such buildings,
streets, roads and alleys deemed by the Authority to be necessary, convenient or desirable in
connection therewith; and
WHEREAS, the Mayor and Council of the City has determined that it is necessary and
desirable and in the best interest of the citizens and taxpayers of the City that certain lawfully
available funds on hand of the City be advanced to the Authority to be applied toward the cost of
the acquisition, construction, renovation and equipping of a fire station and related facilities and
equipment for the redevelopment of the downtown area of the City of Smyrna, and to pay
expenses associated therewith (collectively, the "Project"), which Project will be leased to the
City pursuant to that certain Fourth Amended and Restated Lease Contract, dated as of September
1, 1989 (the "Lease"), as supplemented or amended; and
WHEREAS, from time to time the Authority has issued its revenue bonds to finance in
whole or in part undertakings such as the Project and has leased such undertakings to the City
pursuant to the Lease; and
WIll'
237812.1
-;
WHEREAS, certain regulations under the Internal Revenue Code of 1986, as amended
(the "Code"), including specifically Section 1.150-2, require that the City must declare its
"official intent" to be reimbursed for funds advanced by it to the Authority to enable the Authority
... to acquire and construct the Project for which the City will be repaid by the Authority from
proceeds of a tax exempt bond issue of the Authority to finance such acquisition and construction;
and
WHEREAS, the City will make and has made advances to the Authority to enable the
Authority to make certain expenditures with respect to the Project for which the City will be
reimbursed with proceeds of tax-exempt bond issues to be issued by the Authority.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Smyrna, as follows:
~
1. The City intends to advance certain funds to the Authority to enable the Authority
to finance on an interim basis the acquisition, construction, installation and equipping of a fire
station and related facilities and equipment for the redevelopment of the downtown area of the
City of Smyrna, and the payment of expenses associated therewith, which the Authority will
finance with bonds the interest on which is excludable from gross income under Section 103 of
the Code in an aggregate principal amount with respect to the Project that is not expected to
exceed $3,000,000. The Authority, on behalf of the City (as lessee of the Project pursuant to the
Lease), has incurred or will incur in calendar years 1998 and 1999 expenditures relating to the
Project, which will be paid from funds advanced to the Authority by the City for such purpose.
The City intends to be reimbursed by the Authority for such advances from the proceeds of the
above-described bond issue.
2. The Clerk of the City of Smyrna is hereby directed to place this resolution in the
minute books of the Mayor and Council and to make such resolution available for public
inspection at the main administrative offices of the City.
3. Any and all resolutions or parts of resolutions in conflict with this resolution are
to the extent of such conflict hereby repealed.
4. This resolution shall be effective immediately upon adoption.
..
237812.1