March 11/15, 1993 Council Meeting
March 15, 1993
The regular scheduled meeting of Mayor and Council was held March
15, 1993 at Smyrna City Hall. The meeting was called to order at
7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All
council members were present. Also present was City Administrator
Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E.
Camp, Fire Chief Larry Williams, Assistant Public Works Director
Larry Dunn, Public Works Administrative Assistant Brenda Barrett,
City Engineer Ken Hildebrandt, Library Clerk Cheryl Crain,
Communication Director Steve Ciaccio, Personnel Director Mary Ann
White, Community Relations Director Kathy Barton, Police Chief stan
Hook, Finance Director Jim Triplett and representatives of the
.. press.
Invocation was given by Grady Love, pastor of Smyrna Presbyterian
Church. Pastor Love also expressed his gratitude to the Mayor and
Council for their vision and foresight in providing the city with
the Community Center and Library facilities.
CITIZENS INPUT: Nothing to report.
Mayor Bacon recognized and expressed his appreciation to Emergency
Management Director Bennie Nelson, Fire Chief Larry Williams and
the Fire Department employees, Police Chief Stan Hook and his
employees, with special thanks to Larry Dunn and the Public Works
Department for the long hours they worked over the weekend during
the snow storm.
PUBLIC HEARINGS:
(A) Agent change - Lafiesta Mexican Restaurant, 2161 South Cobb
Drive - d/b/a Lupitas
Bob Thomson stated that Lisa A. Moradi is applying as the new agent
to hold the alcoholic beverage license for Lafiesta Mexican
Restaurant, d/b/a Lupitas. This location has been licensed since
... 1982. The police investigation was favorable and there was no
opposition from the audience.
Ms. Moradi said she had worked at the restaurant for several months
and previously was employed by Southland (7-11 Stores) where she
attended a one week alcohol sales training program. Lupitas is
also developing a video training program for their employees. Jack
Cramer asked if there were any employees at the restaurant who may
not be fluent in English and have problems in checking
identification. Ms. Moradi said there is one new employee who is
still in training but they will spend a great deal of time with her
until she is properly trained.
Mayor Bacon said we do have sting operations periodically and
encouraged Ms. Moradi to have her employees card all customers if
she feels they will have difficulty determining age.
Ms. Moradi said she will be there 6 days a week for lunch and
dinner and understood that she, as the agent, would be responsible
for any violations of the ordinance.
Jack Cramer made a motion the license be approved as requested. Jim
Hawkins seconded the motion which carried 7-0.
(B) Variance request - reduce front and side yard setbacks -
... Quiktrip, 3875 South Cobb Drive
Bob Thomson stated that Quiktrip is requesting a variance to reduce
their front yard setback from 50 to 17 feet and the side yard from
33.3 to 25 feet to allow them to enlarge their gas canopy and add
three additional pumps. There was no opposition.
Randy Kraus, Director of Real Estate, represented Quiktrip and
stated that the proposed addition to the canopy will still leave
March 15, 1993 meetinq - continued
over 70 feet to the curbline of South Cobb Drive. Because of
access easements and sanitary storm easements on the property, the
only feasible location for addition is on the front. Mr. Kraus said
there are four pumps there now which service eight cars and the
addition will allow them to service six additional cars.
Councilman Lnenicka said the City has had no problems with any of
the Quiktrip locations and they have never been cited during sting
operations. Mr. Lnenicka made a motion the variances be approved
as requested. Pete Wood seconded the motion which carried 7-0.
(C) Variance request - reduce required parking spaces - reduce
front yard setback - Uncle Bud's Catfish Restaurant, 3282 South --
Cobb Drive
Bob Thomson stated hat Uncle Bud's Catfish Restaurant is requesting
variances to reduce the required parking from 110 to 52 spaces and
to reduce the front yard setback from 50 to 25 feet at 3282 South
Cobb Drive. There was no opposition.
Ted Jones represented the applicants and stated they were not able
to make the trip from Tennessee due to the weather. Councilman
Hawkins asked Mr. Jones to explain the need for the variances. Mr.
Jones said the owners are proposing an expansion and renovation of
the building which formerly housed the ponderosa Restaurant. The
building will be expanded for additional seating and because of
that, parking will not be adequate. This site is an outparcel of
the Crossings Shopping Center and Mr. Jones said there is an
implied cross parking agreement. They are requesting a reduction in
the from 110 spaces required by the ordinance to 52 spaces. A
variance is also needed to reduce the front setback from 50 to 25
feet to facilitate the addition to the front of the building. Mr.
Jones said that Uncle Buds is a family restaurant serving dinner
Monday through Thursday from 4:00 p.m. to 9:00 p.m., Friday 4:00
p.m. to 10:00 p.m. with lunch only being served Saturday and
Sunday. The restaurant will employ about 100 people locally.
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Councilman Hawkins made a motion the variances be approved as
requested. Bill Scoggins seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Ratify decision of Hearing Officer - 1861 Teasley Drive
Bob Thomson stated that a hearing was conducted by the Buildings
Hearing Officer with evidence presented pursuant to Article IV,
Section 11-50 of the Code of Ordinances regarding property at 1861
Teasley Drive. The property owner, Mrs. Berneda Johnson Haney was
notified of the date and time of the hearing which was conducted
January 25, 1993. It was the opinion 0 the Hearing Officer that
the structure could not be repaired and made habitable wi thout
spending more than 50% of the present value.
Councilman Bill Scoggins made a motion the decision of the Hearing
Officer be ratified with regard to this particular property and
that he issue an order to demolish the structure in accordance with
OCGA 41-2-9. Jim Hawkins seconded the motion which carried 7-0.
(B) Bid opening - body armor for Police Department
Bids were opened, read and recorded as follows:
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Progressive Technologies
Level II
470.14 (full)
440. 14 (contour)
Level III
520.14 (full)
490.14 (contour)
March 15, 1993 meetinq - continued
Smyrna Police Distributors
Level II
413.00 (full)
394.38 (contour)
Level III
428.00 (full)
408.61 (contour)
wade Lnenicka made a motion the bids be turned over to the
committee for their recommendation back to full council. Jack
Cramer seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS: Nothing to report.
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BID AWARDS:
(A) Chipper for Public Works Department
Bill Scoggins made a motion the Chipper bid be awarded to Vermeer
Southeast, the low bid meeting specifications at $18,490. Pete
Wood seconded the motion which carried 7-0.
CONSENT AGENDA:
(A) Approval of March 1, 1993 minutes
(B) Approval to request bids for defibrillator - Fire Department
(C) Approval to request bids - protective clothing - Fire
Department
(D) Approval to request bids - fire hoses - Fire Department
(E) Approval for water line/meter fee for Public Works complex
(F) Approval to request CDBG funds - MUST Ministry building
improvements
(G) Amendment to Civil Service procedures (application
acceptance)
(H) Set date for show cause hearing - violation of alcoholic
beverage ordinance
... Councilman Wade Lnenicka made a motion the consent agenda be
approved with the exception of item (G). Councilman Pete Wood
seconded the motion which carried 6-0 wi th Councilman Newcomb
abstaining.
Councilman Lnenicka made a motion that item (G), amendment to Civil
Service procedures, be tabled to the next meeting. Councilman Ron
Newcomb seconded the motion which carried 7-0.
COMMITTEE REPORTS:
Councilman John Patrick called on Cheryl Crain for a report from
the Library.
Councilman Ron Newcomb called on City Engineer Ken Hildebrandt for
a report. Mr. Hildebrandt advised that csx railroad will begin a 23
mile track improvement next week which will make the crossings
smoother at Spring Street and Hawthorne Avenue. Councilman Lnenicka
asked about their hours of work since this project will affect
residents in Ward 6. Mr. Hildebrandt said he was advised that work
would be conducted Monday through Friday, 8:00 a.m. to 5:00 p.m.
Councilman Lnenicka said he was also concerned that railroad
employees might be using private yards for access to the rail line
and that is forbidden.
lIiIIIrf Councilman Newcomb called on Mary Ann White for a report from
Personnel. The loss control program is up and running and a
training session has been conducted with representatives of each
city department and the insurance carrier. Mrs. White announced job
openings in the City and said she was also pleased that she could
present to the committee tonight the first draft of the Personnel
Polices and Procedures manual. Councilman Newcomb commended Mrs.
White on her ability to meet the March 15th deadline and for the
good work she has done.
March 15, 1993 meetinq - continued
Councilman Bill Scoggins called on Kathy Barton for a report from
Community Relations. Mrs. Barton reminded everyone of the "Waste
in the Work Place" workshop at the Community Center on April 22nd.
Also, the first draft of the solid waste management plan is near
completion and should b submitted to the Atlanta Regional
Commission by April 1 st. Mrs. Barton reminded everyone of the
Jonquil festivities April 24 & 25 with the flag raising ceremony
immediately after the parade.
Councilman Hawkins asked Mrs. Barton to please submit a copy of the
solid waste management plan to council before it goes to ARC
because it will, at some point, need to be officially adopted by
Council.
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Councilman Scoggins called on Larry Dunn for a report from the
Public Works Department. Mr. Dunn reminded everyone that tree limbs
should be placed at the curb on the first and fourth week of the
month for chipping and other trash items will be picked up the
second and third weeks. Mr. Dunn also reported on drainage
improvements in the City.
Councilman Jim Hawkins called on Larry Williams for a report from
the Fire Department. Chief Williams said there were two
simultaneous fires this morning as a result of the snow and extreme
cold weather but we were very fortunate that there were no deaths
or serious injuries. Councilman Hawkins said he appreciated the
service that our fire fighters provide to our citizens.
Councilman Jack Cramer provided a report from the Parks and
Recreation Department and stated we have already exceeded the
projected revenue collections at the Communi ty Center for this
fiscal year. Mr. Cramer aid the traffic light at Pat Mell Road and
Atlanta Road is operational and reminded everyone of the Ward 5
meeting on March 30.
Councilman Lnenicka reminded the residents of Cumberland Vail of
the neighborhood meeting here tomorrow night at 7:30 p.m. to talk
with a representative of the Cobb DOT about the Atlanta Road
widening project.
.....
Mr. Lnenicka read letters from residents commending several of our
police officers and called on Chief Stanley Hook for a report from
his department.
Steve Ciaccio was called on for a report from Communications. Mr.
Ciaccio stated his department received over 500 calls this weekend
during the winter storm. A majority of those were to report power
outages and Mr. Ciaccio reminded everyone that 911 should be used
only for medical aid or emergencies.
Councilman Pete Wood called on Jim Triplett for a report from the
Finance Department. Mr. Triplett reviewed the February financial
statement and commended the department managers for staying within
their expenditure limits. Councilman Wood read a letter from the
Government Finance Officers Association notifying us that the City
has received the Distinguished Budget Presentation Award for this
fiscal year.
Councilman Wood said the City is refinancing a portion of the DDA
bonds that were issued in 1989 and 1990 for construction of the
Communi ty Center and Library. The refinancing will result in a ..
savings of $1.166 million over the life of the bonds which is a
significant savings to the City.
With no further business, meeting adjourned at 8:47 p.m.
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March 15, 1993 meetinq - continued
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A. MAX BACON, MAYOR
CLERK
RD 4
6
Special Called meeting
March 11, 1993
A special called meeting of the Mayor and Council was held March 11, 1993, at
7:25 p.m. The meeting was called to order by presiding officer Mayor A. Max
Bacon. All council members were present. Also present was City Clerk Melinda
Dameron, City Administrator Bob Thomson, City Attorney Chuck Camp, Ai Cochran,
Finance Director Jim Triplett, Ben Watkins of Sutherland, Asbill & Brennan and
Gordon Mortin of Lex Jolley & Associates, DDA members Willouise Spivey, Hubert
Black, C. J. Fouts, Jimmy Wilson and Doug stoner. Gordon Mortin, Lex Jolley &
Associates, and Ben Watkins, Sutherland, Asbill & Brennan, were also present.
___ Mr. Watkins, Sutherland, Asbill & Brennan, discussed the lowered interest rates
and the benefits of refinancing the outstanding bonds on the Community Center and
the Library. He reviewed the two separate bond issues in 1989 and 1990 to
finance the new facilities. He indicated that the interest rates on the tax
exempt market have dropped to make it advantageous for the Authority to go into
the market and issue refunding bonds. The schedule was accelerated in order to
lock into the low interest rates that are now available. The present value
interest rate savings that were achieved on the marketing of the bonds yesterday
was a gross savings of $1,166,858 and a present value savings of $711,000
essentially. The gross interest rate savings is $1,167,000 between now and the
year 2016 which is the year when the last bonds are retired, Smyrna will save
$1,167,000 by doing this refinancing.
Gordon Mortin, Lex Jolley & Associates, explained the transactions being moved
ahead of schedule has been an extraordinary effort on the part of the City staff,
Ed Wall and Ben Watkins. He informed the DDA that Moody's of New York released
and confirmed the A-I rating which is an excellent rating. The bond issue size
is $11,985,000, the underwriters discount is $119,850, the original issue
discount is $132,000; the bond issue will close on the 13th of April but the
bonds are dated March 1, 1993, consequently there is $74,000 in interest that is
accruing from the 1st of March but you don't have the benefit of the bonds or the
refunding so for that period of time we are going to pay to you the interest that
is accruing on the bonds so that the City does not actually start incurring a
cash interest liability until the 13th of April. He then indicated that the
-.. proceeds from the bonds will be paid to the DDA to put in the sinking fund for
the bonds towards the next interest payment. Mr. Mortin then indicated it will
be necessary to purchase escrow investments, which is a portfolio of U. S.
Treasury Securities, which will pay the interest on the bonds that we are
refunding until the bonds are called and the first call date is 1999. The total
bond issuance cost is $120,000 giving a total bond issue proceeds of
$11,806,736.15; the total savings from this is $1,166,858.75. He stated this
represents a reduction in debt services for Fiscal Year 1993 of $183,955 and then
approximately $40,000 a year thereafter.
Finance Director Jim Triplett made a recommendation to the Mayor and Council that
the presented resolution be adopted.
Ron Newcomb made a motion that the adoption of the resolution amending and
restating the lease contract between the Mayor and Council and the DDA as
described by Ben Watkins, bond counsel for Southerland, Asbill & Brennan, be
approved. The motion was seconded by Bill Scoggins. The motion was approved 7-
o.
This meeting was adjourned at 7:32 p.m.
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'BIL;;'COJ'INS, /;;:;1
'lC1..0h It () ~.
~~rR, WARD 5 ~
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CHARLES PETE WOOD, WARD 7
;flt/0-lv /{J/-1)/U/-
MELINDA DAMERON, CITY CLERK
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RON NEWCOMB, "D 2
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JAMES M. ~~ w:~
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ADE S. LNEN KA, WARD 6
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RESOLUTION OF THE MAYOR AND COUNCIL
OF THE CITY OF SMYRNA, GEORGIA APPROVING THE
ISSUANCE OF MULTIFAMILY HOUSING
REVENUE BONDS BY THE
HOUSING AUTHORITY OF THE CITY OF SMYRNA, GEORGIA
FOR THE BENEFIT OF WALTON PARK, L.P.
WHEREAS, the Housing Authority of the City of Smyrna,
Georgia (the "Authority") has considered the application of Walton
Park, L.P., a Georgia limited partnership (the "Borrower"),
requesting the Authority's assistance in the financing of the
acquisition, construction and installation of a certain project
consisting of approximately 204 multifamily housing units located
on Land Lot 481 and 482, 17th District, Cobb County, South Cobb
Drive, Smyrna, Georgia (the "Project), through the issuance of
approximately $8,000,000 in aggregate principal amount of its
Housing Authority of the City of Smyrna, Georgia Multifamily
Housing Revenue Bonds (Walton Park Apartments Project), Series
1993 (the "Bonds") and the Hearing Officer of the Authority held a
public hearing on behalf of the City of Smyrna, Georgia (the
"Governmental Unit"), with respect to such proposed financing of
the Project on March 23, 1993; and
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code"), provides that the governmental unit
.. having jurisdiction over the issuer of revenue bonds and over the
area in which any facility financed with the proceeds of the
revenue bonds is located shall approve the issuance of such
revenue bonds; and
WHEREAS, the Authority issues its revenue bonds on
behalf of the City of Smyrna, Georgia, the Project is located in
the City of Smyrna, Georgia and within the jurisdiction of the
Housing Authority of the City of Smyrna, Georgia, and the Mayor
and Council of the City of Smyrna, Georgia constitutes the
applicable elected legislative body of the Governmental Unit;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council
of the City of Smyrna, Georgia, and IT IS HEREBY RESOLVED by the
authority of the same, as follows:
Section 1. The issuance of the Bonds by the Authority
for the benefit of the Borrower in a principal amount currently
estimated at approximately $8,000,000 to assist in the financing
of the Project is hereby approved to the extent required by said
Section 147(f) of the Code, as follows:
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(a) the Project consists of approximately 204
multifamily housing units located on Land Lot 481 and 482,
17th District, Cobb County, South Cobb Drive, Smyrna,
Georgia, and within the jurisdiction of the Authority;
..
(b) the initial owner, operator or manager of the
Project is the Borrower; and
(c) the amount of bonds to be issued is approximately
$8,000,000.
Section 2. Such approval by the Mayor and Council of
the City of Smyrna, Georgia does not constitute an endorsement to
a prospective purchaser of the Bonds of the creditworthiness of
the Borrower or the Project, and the Bonds shall not constitute an
indebtedness or obligation of the State of Georgia or of any
county, municipal corporation or political subdivision thereof but
the Bonds shall be payable solely from the revenues derived from
the Borrower and pledged to the paYment thereof and no owner of
the Bonds shall ever have the right to compel any exercise of the
taxing power of said State or of any county, municipal corporation
or political subdivision thereof, nor to enforce the paYment
thereof against any property of said State or of any such county,
municipal corporation or political subdivision.
Section 3. This resolution shall take effect
immediately upon its adoption.
This 5th day of April, 1993.
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(CORPO~TE SEAL)
CITY OF SMYRNA, GEORGIA
m~d;- /J)fmt//lft/
City Clerk
By: /~
Mayor
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Attest:
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CLERK'S CERTIFICATE
I, the undersigned City Clerk of the City of Smyrna,
Georgia (the "City"), DO HEREBY CERTIFY that the foregoing pages
of typewritten matter constitute a true and correct copy of the
Resolution adopted on April 5, 1993, by the Mayor and Council of
the City of Smyrna, Georgia, and that the original of said
Resolution appears of record in the Minute Book of the City which
is in my custody and control.
GIVEN under my hand and the official seal of the City of
Smyrna, Georgia, this 5th day of April, 1993.
(}~/JI-- 1iJh-VU4-
City Clerk, City of Smyrna, Georgia
(CORPORATE SEAL)
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