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March 2, 1998 Council Meeting March 2, 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 Administrator Howard Smith, City Clerk Melinda Dameron and City Attorney Charles E. Camp and representatives of the press. Invocation was given by Reverend Steven Kimmel, First Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: - There was none. PUBLIC HEARINGS: (A) Variance Request - 4585 South Cobb Drive - Reduce Side Yard Setbacks from 50 Feet to 10 Feet Mayor Bacon stated this item was tabled from the February 16, 1998, council meeting. He then stated this is a public hearing and asked if anyone was present who wished to address the issue. There was no comment. Councilman Lnenicka stated he talked with the applicant last week and the applicant is in the process of revising and defining plans relating to the building construction and the landscaping and the layout on the site. He further stated there are a number of issues which Mr. Piha, the proposed purchaser, is working on and he is not ready to come forward at this time. Councilman Lnenicka stated he will table this variance request at the request of the applicant for five weeks _ until the April 6, 1998, meeting. Councilman Lnenicka made a motion to table the variance request at 4585 South Cobb Drive to reduce the side yard setbacks from 50 feet to 10 feet to April 6, 1998. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Variance Request - 3927 Concord Walk Drive - Erect 6 Foot Fence on Rear Property Line ., Mr. Smith stated this is a corner lot and the builder has a buyer who would like to have this fence erected for privacy. He stated there are three front yards the way the lot is configured and there are no contiguous property owners to object to this particular variance. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the variance request. There was no opposition. Councilman Wood asked Mr. Emory Hatcher, one of the builders in Concord Walk Subdivision, to come forward. Mr. Hatcher explained the homeowner's back of the house faces Concord Road and without the fence and the fact that her home sits lower than Concord Road allows the headlights of anyone turning into the subdivision to shine directly into her living area. Mr. Hatcher further stated the city ordinance allows a four-foot fence in the front yard and she is requesting a six-foot fence to give her more privacy. Mr. Hatcher stated they plan to erect the fence behind the landscaping that is on the front of the entrance and the fence will be made of a pressure-treated material and the developer has requested that it be painted white and also to be a scalloped type fence that will be attractive. Councilman Wood stated it will be the property owner's responsibility to maintain the fence if the variance is approved. Councilman Wood made a motion that the variance request at 3927 Concord Walk Drive to erect a six foot fence on the rear property line be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Variance Request - 2370 Old Spring Road - Oversized Accessory Structure Mr. Smith stated the applicant, Ms. Adrienne Ford, is requesting to build an accessory structure to serve ., which will serve as a two-car garage on her lot. He further stated at the moment there is only a parking pad on the property and is requesting the addition of this structure on her property. Mr. Smith stated Ms. Ford has notified the contiguous property owners and the other lot is vacant at this time. 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. Councilman Cramer asked Ms. Ford to briefly explain what she plans to build in her back yard and to describe the materials she plans to use. Ms. Ford stated she would like to build a wood-structure two-car garage which will blend with her current home. She stated she will also store bicycles and her lawnmower in the structure. Mr. Cramer stated her property backs up to commercial property on Windy Hill Road March 2, 1998, meeting - continued as well as on Ventura. Councilman Cramer made a motion that the variance request at 2370 Old Spring Road to have an oversized accessory structure on her property be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Rezoning Request - Spring Street (4.16 Acres) from L.c., R-15 and R-20 to T.D. Conditional for Townhouses Mr. Smith stated the applicant, Lifestyle Communities, is requesting the zoning and land use change in order to build town homes. He stated there is 4.16 acres in this property with a density of 9.6 units/acre. Mr. Smith stated the plans for the development were reviewed by the Planning and Zoning Board on February 9 and failed by a 4-3 vote. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. The following persons - Phagan Durham, Valeria Howell and Jason McClure - indicated they were in opposition to the request. Mayor Bacon asked the applicant to come forward. - Councilman Scoggins asked Ms. Amy Leveto, Lifestyle Residential Communities, representative to come forward. Councilman Scoggins stated there has been some discussion about Items (D) and (E) to change the density of the development. He stated the applicant has requested that this item be tabled until March 16, 1998. Mr. Phagan Durham, 1510 Spring Street, stated he was opposed to the development because of the number of town homes proposed. Ms. Virginia Howell, Walker Street, stated she also opposed the development due to the density. Ms. Jean McClure, 1515 Spring Street, stated she is opposed to the rezoning due to the increased traffic on Spring Street and the density of the proposed development. Councilman Scoggins made a motion to table the rezoning request for 4.16 acres on Spring Street from L.c., R-15 and R-20 to T.D. Conditional for Townhouses until the March 16, 1998, meeting. Councilman Scoggins seconded the motion. Motion to table was approved 7-0. (E) Land Use Change - Spring Street (4.16 Acres) From Low and Medium Density Residential to High Density Residential - (See narrative above). Councilman Scoggins made a motion to table the land use change on Spring Street until the March 16, 1998, meeting. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (F) Ordinance Amendment - Section 715.2 - Extended Stay Motels and Hotels - Add Sub-Section G - Limit the Length of Stay (First Reading) Mr. Smith stated this proposed amendment is at the recommendation of the Community Development Committee. Mr. Smith stated the concern of the committee is that extended stay hotels not become apartments for families to live in on a permanent basis. Mr. Smith stated by adding Sub-section G to Section 715.2 to limit the length of stay to 90 days this issue is addressed. Mayor Bacon asked if there was any public comment concerning this proposed amendment. There was none. Mayor Bacon stated this item will be brought back before council at the March 16, 1998, meeting. (G) Ordinance Amendment - Architectural Design Guidelines (First Reading) Mr. Smith stated this proposed amendment is also at the recommendation of the Community Development Committee. Mr. Smith stated this would substitute for the Architectural Design Guidelines the city has used in the Downtown area. He stated this amendment will clarify the intent of the amendment. Mayor Bacon asked if anyone was present who wished to comment concerning this proposed amendment. There was none. Mayor Bacon stated this item will be brought back before council at the March 16, 1998, meeting. - (H) Ordinance Amendment - Appendix E - Architectural Design District (First Reading) Mr. Smith stated this proposed amendment is at the recommendation of the Community Development Committee in conjunction with the Architectural Design Guidelines. Mr. Smith stated this amends the language of the AAPE to match the revised Urban Design Standards. Mayor Bacon asked if anyone was present who wished to comment on this issue. There was none. Mayor Bacon stated this item will be brought back before council at the March 16, 1998, meeting. March 2, 1998, meeting - continued (I) Update City of Smyrna Solid Waste Management Plan Short Term Work Program (First Reading) Mr. Smith stated this is the first of two public hearings required by the Department of Community Affairs for the preparation of the City of Smyrna short-term work program. Mr. Smith stated the city is required to submit this plan to the DCA annually. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on this item. There was no comment. Councilman Hawkins stated this item will be brought back before council at the March 16, 1998, meeting. - (J) Alcoholic Beverage License Request - Agent Change - AFA Enterprises, Inc., D/b/a/ Cumberland Amoco - 2535 Cobb Parkway - Retail Package Beer Mr. Smith stated this application is for an agent change only and Mr. Sam Awaise has applied to be the agent for the Cumberland Amoco at 2535 Cobb Parkway. Mr. Smith further stated Mr. Awaise has been given a copy of the Alcoholic Beverage License Ordinance and the guidelines have been reviewed with him. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Awaise. Mayor Bacon asked if the applicant was present. The applicant was not present. Councilwoman Capilouto made a motion to table the alcoholic beverage license request for an agent change at Cumberland Amoco, 2530 Cobb Parkway, until March 16, 1998. Councilman Cramer seconded the motion. Motion to table was approved 7-0. (K) Alcoholic Beverage License Request - Change of Ownership - Blue Sky Petroleum #736 (Formerly Wallace) 2370 Spring Road - Retail Package Beer Mr. Smith stated Mr. Ralph Mesa, Sr., will be the agent for this establishment. Mr. Smith stated this is a change of ownership. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Mesa. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to this request. There was none. - Councilwoman Capilouto stated Mr. Mesa has been before the council on many occasions due to the re- selling of the station. Ms. Capilouto asked Mr. Mesa if he was familiar with the ordinance and he responded yes. Ms. Capilouto stated the city had conducted a sting operation at this location and one clerk was cited for violation of the ordinance. Ms. Capilouto stated the clerk is still employed at the location and stated the hope that the clerk would not violate the ordinance again. Councilwoman Capilouto stated for the record that the Police Department investigation did not reveal anything that would preclude the issuance of the license to Mr. Mesa. Mr. Mesa stated all the staff at this location remained the same and the only change is that the company is now Blue Sky Petroleum, which is backed by Exxon. Councilwoman Capilouto made a motion that the alcoholic beverage license at Blue Sky Petroleum #736, 2370 Spring Road for retail package beer with Mr. Ralph Mesa, Sr., as the agent be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. (L) Alcoholic Beverage License Request - Change of Ownership - Blue Sky Petroleum #716 (Formerly Wallace) 677 Concord Road - Retail Package Beer Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic license beverage request. There was none. Councilman Hawkins asked the agent, Mr. Ralph Mesa, Sr., if he was already the agent for this location. Mr. Mesa responded that was correct. Mr. Hawkins stated for the record that the Police Department investigation revealed nothing that would preclude the issuance of this license request to Mr. Mesa. - Councilman Hawkins made a motion that the alcoholic beverage license request for retail package beer at Blue Sky Petroleum #716 at 677 Concord Road be approved. Councilwoman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approval of 1998 Community Development Block Grant Sub recipient Agreement Mr. Smith stated each year the city participates in the CDBG Program and the city's share of the program March 2, 1998, meeting - continued through Cobb County's Office of Community Development is $223,443. He stated the agreement indicates the standards and regulations the city must abide by in order to expend the funds. Councilman Lnenicka stated this is the proposed agreement, which the Mayor needs to sign on behalf of the City. Councilman Lnenicka made a motion to approve the proposed Subrecipient Agreement for the 1998 Community Development Block Grant Program and authorize the Mayor to sign the agreement. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Validate Petition to Annex Property - 613 Concord Road Mr. Smith stated Mr. Andrew W. Hudgins has requested annexation of property at 613 Concord Road located in Land Lot 381. He further stated this is a 0.345 acre parcel on the north side of Concord Road, just east of the intersection of Old Concord and Concord Road. The legal description is as follows: - All that tract or parcel of land lying and being in Land Lot 381, 17th District, 2nd Section of Cobb County Georgia and being more particularly described as follows: Being at the Northeast intersection of the Right of Way lines of Concord Road and Old Concord Roads; thence Northeast along the Northerly Right of Way line of Concord Road, 182 feet an iron pin being the true Point of Beginning; thence N 63-47-04 E, a distance of 142.23 feet to an iron pin; thence N 26-34-19 W a distance of 211.25 feet to an iron pin; thence S 07-29-28 Wa distance of 253.93 feet to the Point of Beginning. Property contains 0.345 acres. Councilman Wood made a motion that the petition to annex the property at 613 Concord road be validated with a public hearing date set for April 6, 1998. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Approval to Add Additional Tiers to Occupational Tax Fee Schedule Mr. Smith stated the city is constantly reviewing the fee structure for services, privilege licenses and licenses in the city. Mr. Smith stated in reviewing the schedule the city found that the business license occupational tax structure does not address the fee schedule on the upper end. He stated this will provide four tiers on the top without affecting the businesses on the lower end of the schedule. - Councilman Lnenicka stressed this changes nothing for businesses that currently have annual gross receipts up to $10 million. Mr. Lnenicka stated the proposed additional four tiers will make the city competitive with other jurisdictions in the area. Councilman Lnenicka made a motion to amend the Occupational Tax/Business License fee schedule to add the additional tiers in the proposal before the council. Councilman Scoggins seconded the motion. Motion was approved 7-0. (D) Approval to Charge 10% Late Fee on Past Due Water, Sewer and Sanitation Bills Mr. Smith stated the city is proposing to impose a 10 % late charge on those bills not paid within a 30-day period of the billing. Councilman Lnenicka stated this proposal adds a 10% late charge and other jurisdictions were surveyed to determine if they imposed this fee and found they did. Councilman Lnenicka made a motion that effective July 1, 1998, a 10% late charge will be assessed on past due water bills. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Approval to Exercise Option to Extend the Independent Audit Contract (For One Year) with Anderson, Hunt and Company Mr. Smith stated Anderson, Hunt and Company have been performing the audit for several years and the contract with the city has the option of extending the contract. Mr. Smith stated the contract was extended last year and Claudia Edgar, Finance Director, has recommended the extension for one year. - Councilman Lnenicka stated Anderson, Hunt and Company has conducted the independent audit for four years (counting this current fiscal year). Mr. Lnenicka stated the city is proposing to add the last additional year to the contract and next year the city will be putting forth requests for proposals for this service. Councilman Lnenicka made a motion to extend the independent audit contract with Anderson, Hunt and Company for one additional year to cover FY99. Councilman Wood seconded the motion. Motion was approved 7-0. March 2, 1998, meeting - continued (F) Authorize Mayor to Sign Resolution Transferring Ownership of Cable TV Franchise from Alexcom Limited Partnership to Cable Holdings of Georgia Mayor Bacon asked Mr. Smith for the background on this item as well as Item (G). Mr. Smith stated the city will actually make two transfers this evening providing the two motions are approved. Mr. Smith stated Smyrna Cable TV is selling and in order to make that sale it is necessary to transfer one of the companies back to the original company - Alexcom Limited Partnership to Cable Holdings of Georgia. .. Councilman Lnenicka recognized Wendell Dean, Managing Director of Smyrna Cable TV, and Neil McHugh, President of Vista Broadband Communications, LLC. Councilman Lnenicka asked Mr. McHugh what changes the city might expect from Smyrna Cable TV. Mr. McHugh stated they will maintain the current staff and improve services for the customers. Mr. McHugh stated they plan to remain actively involved in the community, will continue to broadcast the council meetings and add tiers of service for the subscribers. Councilman Lnenicka expressed his appreciation to Wendell Dean and Alexcom Limited Partnership for their community involvement over the years. Councilman Lnenicka made a motion to authorize the Mayor to sign a resolution transferring ownership of Cable TV Franchise from Alexcom Limited Partnership to Cable Holdings of Georgia. Councilman Wood seconded the motion. Motion was approved 7-0. (G) Authorize Mayor to Sign Resolution Transferring Ownership of Cable TV Franchise from Cable Holdings of Georgia to Vista Broadband Communications Councilman Lnenicka made a motion to authorize the mayor to sign a resolution transferring ownership of Cable TV Franchise from Cable Holdings of Georgia to Vista Broadband Communications. Councilman Wood seconded the motion. Motion was approved 7-0. Mayor Bacon thanked Wendell Dean and Smyrna Cable TV for their community involvement and wished him well in his new endeavor. .. (H) Validate Petition to Annex Property - 3574 Hickory Circle Mr. Smith stated Mr. Walter D. Lee has requested the annexation of his property at 3574 Hickory Circle located in Land Lot 554. Mr. Smith stated the property is contiguous to the City park at Twin Oaks Drive. The property is described as follows: All that tract or parcel of land lying and being in Land Lot 554 of the 17th District, 2nd Section of Cobb County, Georgia, being Lot 3, Block F of revised plat of Hickory Hills Subdivision, Unit 1, as per plat recorded in Plat Book 13, Page 160, Cobb County Records, and more particularly described as follows: BEGINNING at a point on the south side of Hickory Circle 210 feet east from the southeast corner of Lee Street and Hickory Circle; running thence east along the south side of Hickory Circle 132.3 feet; thence easterly and southeasterly along the southwest side of Twin Oaks Drive (following the curvature of the street) 76.9 feet; thence southwesterly 154.4 feet; thence west 55 feet; thence north 120 feet to the south side of Hickory Circle and the point of beginning. Less and except therefrom that portion of land used in rounding the curvature of Hickory Circle and Twin Oaks Drive. Councilman Lnenicka made a motion to validate the petition for annexation of the property at 3574 Hickory Circle and set a public hearing date of April 6, 1998. Councilman Wood seconded the motion. Motion was approved 7-0. (I) Revision to City of Smyrna Personnel Policies and Procedures - Section 16 and Section 20 - Mr. Smith stated this revision pertains to Section 16 - Annual Leave and Section 20 - Sick Leave. Mr. Smith stated the revision to Section 16 changes the accrual of annual leave for full time employees and limits the amount of sell-back to no more than 40 hours annually for special needs of employees. Section 20 relates to a sick leave bonus plan which provides an option for employees to either earn sick leave and accrue it or accrue it at a different rate but having a sell back or transfer to annual leave. Councilman Wood stated currently the annual leave as set forth in the manual states that employees with 0-5 years of service are entitled to 80 hours annual leave; 10 - 19 years service - 3 weeks annual leave; 20 - 24 years - 4 weeks annual leave and 25 + years service - 5 weeks. He stated this policy reduces that March 2, 1998, meeting - continued time frame from 10 years down to 5 years and the new policy will read: 0 -5 years service - 2 weeks; 6 _ 15 years service - 3 weeks; 15 or more years service - 4 weeks and 25 years of service as of June 30, 1998, will be permitted to accrue annual leave at a rate equivalent to 5 weeks a year. Councilman Wood stated the revision to Section 20 offers a voluntary sick leave bonus option. Councilman Wood made a motion to approve the amendments to the City of Smyrna Personnel Policies and Procedures Sections 16 and 20 (Annual Leave and Sick Leave) as outlined in the revisions to the Policies and Procedures Manual effective March 2, 1998. Councilman Newcomb seconded the motion. Motion was approved 7-0. (1) Approval of "One Time Window of Opportunity" - Spousal Group Health Plan Coverage Mr. Smith stated it is the recommendation of the Human Resources Committee to approve a one-time window of opportunity for all city employees who: 1. Will be 60 or greater in 1998; 2. Will qualify for normal retirement under the current covered plan; 3. Opt to retire in 1998; 4. Have spouses who are currently covered under the city's group health plan; 5. Agree to pay 20% of the monthly premium cost for such coverage to continue the spousal group health plan coverage until their respective spouses become Medicare eligible. -- Councilman Wood stated this proposal provides an opportunity for those employees meeting the criteria to elect at retirement and continue their spousal coverage. Councilman Wood stated the window of opportunity is for the calendar year 1998. Councilman Wood made a motion to approve the "One Time Window of Opportunity" concerning spousal group health insurance plan coverage as specified. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. CONSENT AGENDA: -- (A) Approval of February 16, 1998, Minutes (B) Approval to Use Council Chambers March 11, 1998 - 6:30 - 9:00 P.M. for Ward 6 Meeting (Vinings Forest Homeowners Association) (C) Approval to Change Name of Chateaux DeVille Apartment Complex to Galleria Courtyard (D) Confirmation of the Waste Service Agreement Councilman Cramer made a motion that the consent agenda be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood commented on the visit today by Vice President Al Gore to King Springs Elementary School. Mr. Gore visited the school to show his support for the "Reading Across America" Program. Mr. Wood stated Governor Zell Miller and Secretary of Education Richard Riley were also present. Mr. Wood congratulated the staff of the school for the excellent job they did in preparing for this visit. Councilman Lnenicka stated the approval to use the Council Chambers on Wednesday, March 11, 1998, for a Vinings Forest Homeowners Association meeting which will begin at 7:00 p.m. Mr. Lnenicka then invited all the residents of Vinings Forest to attend the meeting. Councilman Lnenicka then announced Campbell High School's STAR Student has been named. Mr. Lnenicka stated Daniel Osiecki is a resident of Ward 6 in the Creatwood Subdivision. Mr. Lnenicka stated the city was very proud of Daniel for this accomplishment. -- Councilman Lnenicka stated the Vinings Glen Sub-division, Phases 3, 4 and 5 provided Christmas for five area families with 47 different families giving to the program. Mr. Lnenicka thanked the residents of that sub-division for their participation in such a worthwhile program. Councilman Cramer stated he has received a lot of calls concerning the Hickory Acres sub-division sign. He stated the Garden Club is going to do some plantings around the sign. March 2, 1998, meeting - continued Councilman Hawkins stated former council woman Kathy Jordan is seriously ill and asked that everyone remember her in their thoughts and prayers. Councilman Hawkins stated the Smyrna Housing Authority has begun a program called "Lend a Hand." Mr. Hawkins stated if a city homeowner meets certain criteria they may qualify for a loan through the "Lend a Hand" program. Mr. Hawkins stated if anyone is interested in obtaining information about the program they should call City Hall. Councilman Scoggins had nothing to report. Councilman Newcomb gave an update on the Spring Road widening project. He stated the project should be completed in 6 - 7 weeks, weather permitting. He asked for the citizens patience during the completion of this project. - Councilwoman Capilouto had nothing to report. Mr. Smith stated the Cobb County Board of Education has signed an agreement with the city for the use of Lattanzi Field for the city's baseball program. Mayor Bacon recognized Charlie Bailey, candidate for Secretary of State. Mr. Bailey thanked the council for the opportunity to attend the meeting. He asked for the support of the citizens in this election. With no further business, the meeting adjourned at 9: 15 p.m. f~~ A.MAXBACON,MAYOR \ - I , ~" ,- \ .... I \. ,\i \' ~ \ ", \ (}.\', _ .~ ('U l Q{> '- ,,V:Y,,);\}! CHARLENE CAPILOUTO, WARD 1 ~#-v;~~ BI L SCOGGINS, WA 3 ~~a/~ CHARLES PETE WOOD, WARD T- - MEd{fI:~l!~ ~(7tm(4q~ MEL N A DAMERON, C CLERK ~ ~.r j~ RON NEWCOMB, WARD 2 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. I i ... 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 ... 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 purpo~. 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 " .. - " CLERK'S CERTIFICATE 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 2- Nay 0 Abstain WITNESS my hand and the official seal of the City of Smyrna, Georgia, this the ~ day of April , 1998. ()1~~~L tDi;t}1t~ Clerk (S E A L)