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September 16, 1991 Council Meeting September 16, 1991 The regular scheduled meeting of Mayor and Council was held September 16, 1991 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 John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis, Personnel Director Jane Mears, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Public Works Director Vic Broyles, Police Chief Stan Hook, Communications Director steve Ciaccio, Library Director Laurel Best, Finance Director Emory McHugh and representatives of the press. Invocation was given by Larry Wiley, pastor of Smyrna Worship Center followed by the pledge to the flag. ... CITIZENS INPUT: On behalf of the Friends of the Library, Holly Cash thanked the Mayor and Council for making library cards available to non-residents. Also, at the Fall Festival on September 28th, the Library will have a sale of used books. Mrs. Cash also reminded everyone to save their Big Star grocery receipts and Campbell Soup labels which can be credited towards purchases of computers and VCR equipment. Charlie Phillips with the Clean and Beautiful Commission presented a set of 6 books to the Friends of the Library and stated it was encouraging to see the way the city is evolving. Mr. Phillips also complemented Southern States Environmental Services for the beautiful landscaping at their South Cobb Drive location. Sue Brissey all elected volunteers. stated that officials September 28th is Clean up Georgia Day and invited to come to the recycling center and meet the PUBLIC HEARINGS: (A) Ordinance amendment - Section 709 - Limited Commercial District John Patterson stated an amendment has been proposed for the zoning ordinance to add a new paragraph to the Limited Commercial category that would allow animal hospitals and veterinary clinics within that classification, with ... certain stipulations. There were no comments or objections from the audience. Jim Hawkins said we do not have a good category for veterinary clinics and some of the other local governments allow animal clinics in LC and are considered professional businesses. Jim Hawkins made a motion the zoning ordinance be amended to include the following new paragraph: Sec. 709.12. Animal hospitals and veterinary clinics provided that: (1) No open kennels or outside runs shall be allowed on the property. (2) No animals shall be housed overnight except when releasing the animal would be detrimental to the animal's health. (3) Any structure containing anL~als shall be insulated in such a way that no outside noise is detectable within (10) feet of the structure. (4) All structures shall be located at least (100) feet from any property zoned or used for residential property. Bill Scoggins seconded the motion which carried 7-0. (B) Zoning request Commercial 1020 Concord Road from Future Commercial to General ... John Patterson stated that Mr. D. L. Eubanks is requesting this zoning change to allow his daughter to use the property for a veterinary clinic. The original zoning application was for General Commercial use but the Planning and Zoning Board suggests an intervening classification of Limited Commercial. There was no opposition. Diana Eubanks represented her father in the zoning request and stated that Limited Commercial was acceptable with the restrictions just approved. Ms. Eubanks said she would be opening a veterinary clinic for small animals at the location. There are no plans for major structural changes other than what will be required by the City and they would meet all other requirements including a planted buffer or fence on the back property line. There are no September 16, 1991 meeting - continued pl~ns for open kennels and they are also planning to install soundproofing around the cages. Jim Hawkins stated that variances that will be from Future Commercial Commercial for use as a which carried 7-0. under the original application there are still four required and made a motion the rezoning be approved to the intervening classification of Limited veterinary clinic. Jack Shinall seconded the motion (C) Privilege license - liquor, beer and wine package sales - Spring Road Package Store, 1669 Spring Road John Patterson stated owner/manager for Spring was no opposition. that Song Hie Woodall has applied as the new Road Package Store, formerly Sterling Package. There ... Ms. Woodall said as the owner and manager she would be on the property at all times and would card all customers. Although she has never held a liquor license, Ms. Woodall said she had worked in a liquor store for a short time. Also, she had been given a copy of the alcoholic beverage ordinance and indicated that she understood them. Bill Scoggins reminded Ms. Woodall that she cannot sell groceries other than snack items. Mayor Bacon also cautioned Ms. Woodall that we have sting operations from time to time and she should be very careful about checking for identification. Bill Scoggins stated the police inve3ti9ation was favorable and made a motion the license be granted. Wade Lnenicka seconded the motion which carried 7-0. (D) Home occupation license - Twin B, Inc., 2195 Beech Valley Drive John Patterson stated that Thomas Pratt has applied for a home occupation license for an office only, with no employees or storage. This item was tabled at the last meeting and there was no opposition. Mr. Pratt said he had invented an apparatus to eliminate tree stumps and wanted to start his business on a part time basis. Sales will be generated through mail order with the product shipped directly from the manufacturer to the customer. There will not be any customers coming to his home. Mr. Pratt ... said he originally intended to store some inventory at his home but realized it was not allowed under the home occupation ordinance. He has since made an agreement with the manufacturer who will ship directly to the consumer. Signatures were also obtained from ~he neighbors within a 300 foot radius stating they had no objection. Bob Davis made a motion the license be approved as requested. Bill Scoggins seconded the motion which carried 7-0. (E) Home occupation license - Elder-Sitters Home Health Care Professional, 441 Hickory Acres Drive John Patterson stated that Ms. Sherrell Bentley is applying for a license to operate a home health care agency frorn her home. There was no opposition. Ms. Bentley said her home would be used only for office work. Health care professionals will be sent to patients homes to assist in a rehabilitation process through orders given from the physician. Ms. Bentley said her business is conducted through referrals made by hospitals, nursing homes and hospices and there would be no sign of business at her home. Jack Shinall made a motion the license be approved. Jim Hawkins seconded the motion which carried 7-0. (F) Smyrna Comprehensive Plan 1991 - 2001 ... John Patterson stated this act tonight would conclude years of study and effort on the part of the council, Cobb County Planning Department and others. The comprehensive plan is intended to provide the guidance for future land development decisions. John Patterson read the ordinance as follows: SMYRNA COMPREHENSIVE PLAN 1991-2001 An ordinance to adopt the Smyrna Comprehensive Plan 1991-2001; as submitted to the Atlanta Regional Commission pursuant to the requirements of the Growth September 16, 1991 meeting - continued strategies Act; to provide an effective date; to repeal conflicting ordinances; and for other purposes. WHEREAS: whether and The State has adopted legislation, requlrlng that each jurisdiction it be city, county, or city and county prepare a comprehensive plan; WHEREAS: Said plan must comply with all of the applicable provlslons of the Minimum Planning Standards and Procedures of the Georgia Planning Act of 1989; and WHEREAS: The Planning and Zoning Board has been working at the direction of Mayor and Council since June of 1989 on the formulation of the components ... comprising the Smyrna Comprehensive Plan 1991-2001; and WHEREAS: The Planning and Zoning Board has recently completed preparation of the Smyrna Comprehensive Plan 1991-2001 and at a public hearing on June 10, 1991 approved a recommendation to Mayoe and Council authorizing the official transmittal of the Smyrna Comprehensive Plan 1991-2001 to the Atlanta Regional Commission; and WHEREAS: The Mayor the recommendation transmittal of the Regional Commission; and Council at a public hearing on June from the Planning and Zoning Board Smyrna Comprehensive Plan 1991-2001 and 17, 1991 approved authorizing the to the Atlanta WHEREAS: The Atlanta Regional Commission has completed its formal review of the Smyrna Comprehensive Plan 1991-2001 and has determined that the Smyrna Comprehensive Plan 1991-2001 satisfies all of the applicable provisions of the Georgia Planning Act of 1989; and WHEREAS: The Atlanta Regional Corrmission has transmitted these findings to the Georgia Department of Community Affairs; and WHEREAS: The Georgia Department of Community Affairs has completed its review and concurs with the Atlanta Regional Commission findings; now ... THEREFORE: Be it ordained that the Smyrna Comprehensive Plan 1991-2001 is hereby adopted. Be it further ordained that this ordinance shall take effect upon its passage, and that all ordinances and parts of ordinances in conflict herewith are hereby repealed. There motion 7-0. were the no questions or comments from the audience and Bob Davis made a plan be adopted. Jim Hawkins seconded the motion which carried (G) Annexation of Kentucky Fried Chicken property - 4499 South Cobb Drive There was no opposition to the annexation request and Pete Wood made a motion the Kentucky Fried Chicken on South Cobb at Camp Highland Road be annexed into the City and made a part of Ward 7. The legal description was read and made a part of the minutes of the August 19, 1991 meeting. Wade Lnenicka seconded the motion which carried 7-0. (H) Privilege license management change - Majik Market, 902 Windy Hill Road Robert C. Walburn, applicant, was not present and Jim Hawkins made a motion the license be tabled to the next meeting. Bill Scoggins seconded the motion which carried 7-0. (I) privilege license management change - Majik Market, 2610 Cobb Parkway -.. Jim Hawkins made a motion the license be tabled to the next meeting. Bill Scoggins seconded the motion which carried 7-0. (J) privilege license management change - Majik Market, 1166 Concord Road Jim Hawkins made a motion the license be tabled to the next meeting. Bill Scoggins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Approval of contract between city and Cobb-Marietta Coliseum and Exhibit Hall Authority September 16, 1991 meeting - continued John Patterson stated the new Cobb County convention center is expected to be built in the Cumberland/Galleria area, funded through an increase of accommodations tax. Several months ago, the City of Smyrna approved an increase in their hotel/motel tax from 3% to 8%, with the additional 5% going to the Cobb-Marietta Coliseum Authority. This action tonight is to approve the final contract between the City and Authority. Jim Hawkins said the additional 5% from the city will be used to help pay the bonded indebtedness needed for construction. This development will improve property values in the area, much of which is in the City of Smyrna. It should also put us in a good position of being involved with the 1996 Olympics and should bring more economic development to the City, without additional tax increases. Mr. Hawkins made a motion the Mayor be authorized to enter into a contract between the City of Smyrna and Cobb-Marietta ..., Coliseum Exhibit Hall Authority, pledging 5% of our hotel/motel tax to retire their bonded indebtdness. Bill Scoggins seconded the motion which carried 7-0. (B) Appointment to Parks & Recreation Commission - Ward 2 Wade Lnenicka made a motion that Eddie Hellmann be reappointed to a full 2-year term on the Parks and Recreation Commission, representing Ward 2. Bill Scoggins seconded the motion which carried 7-0. BID OPENING: (A) Bids for new water meters were opened, read and recorded as follows: 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" 10" Davis Meter 25.50 61. 00 143.00 219.00 1,285.00 2,795.00 3,695.00 5,785.00 9,720.00 B&N Supplies 24.95 52.89 132.22 196.67 527.78 883.33 1,550.00 no bid no bid Gwinnett Utiliies 23.45 49.50 126.60 188.25 515.00 864.00 1,516.00 no bid no bid -- Bill Scoggins recommendation carried 7-0. made back a motion the bids be turned over to the committee for a at the next meeting. Pete Wood seconded the motion which COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval of September 3, 1991 minutes (B) Amendments to FY91 budget (C) Approval to request bids for playground equipment, Creatwood Park (D) Approval to request bids for pick-up truck, Community Development (E) Surplus equipment for auction September 28, 1991 Wade Lnenicka made a motion items (B) through (E) be approved. Jim Hawkins seconded the motion which carried 7-0. Wade Lnenicka made a motion the minutes of September 3, 1991 be approved as submitted. Pete Wood seconded the motion which carried 6-0 with Bob Davis abstaining COUNCIL INPUT: Wade Library has collected non-residents. Lnenicka called on a report from Laurel Best. The $450 in revenues through issuance of library cards to ..., Bill Scoggins called on Sherry Reavis for a report from the Parks Department and reminded everyone of the concert in the park this Friday night. Kathy Barton gave a report from the Clean City Committee. Jim Hawkins said the comprehensive forward for our city as it now gives This was mandated by the State, and hand to get this plan approved. plan adopted tonight was a major step a planned growth through the year 2000. the City and County have worked hand in Septerr~er 16, 1991 meeting - continued Jack Shinall projects. Mr. continue using information we city-wide. called on Vic Broyles for a report on drainage and paving Shinall also urged everyone on the pilot recycling program to the bins. Participation in the program now will also provide need to determine if we should continue the recycling program Kathy Jordan gave a progress report on the new fire precinct construction. Mrs. Jordan said she was disturbed about the 45 mile per hour speed limit on Windy Hill Road which she felt was too fast. Two gentlemen were killed last Friday night while crossing the road. Mrs. Jordan asked what could be done to lower the speed limit. John Patterson said council could set the speed limits but the State regulates the use of radar on all streets. If it is lowered at 35, the State will probably not allow tile use of radar. Mr. Patterson said he ... would meet with the Chief about other steps that could be taken to reduce speeding. Pete Wood called on Stan Hook for a report from the Police Department. Chief Hook said he agreed that if you drop the speed limit on Windy Hill Road it would prohibit the use of radar. Also, the accident last Friday occurred at 5:50 a.m. when there was little pedestrian traffic and there was no indication that the driver of the vehicle was speeding. Mayor Bacon said that Chief Hook recently received a letter from the U.S. Immigration and Naturalization Department Services expressing appreciation to our officers for the cooperation and assistance they have given their agents. This letter came as a result of the complaint filed recently with the Mexican consulate and U.S. Justice Department charging harassment by our officers. Wade Lnenicka also thanked Chief Hook for the presence and effectiveness of his patrols along Campbell Road and Ridge Road. With no further business, meeting adjourned at 8:44 p.m. ~~ A. ~ BACON, MAYOR ~~,T e{h~,,?--<;_/ BOB DAVIS, WARD 1 --- - HIN L, WAR 5 &~~ CHARLES PETE WOOD, WARD 7 - I I ..J I 1 ~ l..! II WHEREAS, the Cobb-Marietta Coliseum and Exhibit Hall Authority (hereinafter "Authority") was created pursuant to 1980 Ga. Laws 4090, et seq.; and WHEREAS, the Authority is a body corporate and politic and is deemed to be a political subdivision of the State of Georgia; and WHEREAS, the Authority is charged with the responsibility of "acquiring, constructing, equipping, maintaining and operating one or more projects consisting of multi-use coliseum and civic center type facilities for use for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions and other public entertainments and the usual facilities related thereto . See 1981 Ga. Laws 4350; and " WHEREAS, the City of Smyrna (hereinafter "Smyrna") is a municipal corporation created pursuant to the laws of the State of Georgia as shown by the 1931 Ga. Laws 955, et seq.; and WHEREAS, Article IX, Section II, Paragraph III of the 1983 Constitution of Georgia authorizes the expenditure of public funds by counties and municipal co~orations for parks, recreational areas, programs and facllities; and WHEREAS, O.C.G.A. ~ 36-82-61(4) (e) authorizes the issuance of Revenue Bonds by governmental bodies for "buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry, and agricultural Ii - exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement or educational purposes or a combination of the two; and such buildings to be used for fairs, expositions, or exhibitions in connection therewith;" and WHEREAS, O.C.G.A. ~ 36-82-62 authorizes governmental bodies to expend public funds for undertakings under the Revenue Bond Law; ... WHEREAS, Article IX, section III, Paragraph I of the 1983 Constitution of Georgia authorizes intergovernmental contracts between any "county, municipality, school district or political subdivision of the state . . . with each other or with any other public agency, public corporation, or public authority for joint services, for the provision of services, or for joint or separate use of facilities or equipment;" and WHEREAS, Smyrna has the legal authority to expend funds for the operation of a conference, convention, or exhibit hall; and WHEREAS, the Authority and Smyrna are desirous of entering into an intergovernmental contract for the providing of certain services and the providing of certain buildings; and WHEREAS, the parties are desirous of setting forth their understanding in writing; BE IT THEREFORE agreed between the Authority and Smyrna, and it is hereby agreed by the same as follows: 1. Smyrna is levying an excise tax within the incorporated limits of Smyrna, Georgia pursuant to O.C.G.A. ~ 48-13-51(a) (5.1) upon the furnishing for value to the public of any room or rooms, lodgings or accommodations furnished by any person or legal .. - 2 - .1 II entity licensed by or required to pay business or occupational taxes to Smyrna for operating a hotel/motel, inn, lodge, tourist - camp, tourist cabin, or any other place in which rooms, lodgings or accommodations are regularly furnished at the rate of eight percent (8%) of the value of the room or rooms, lodgings, or accommodations furnished. Unless otherwise amended, repealed, declared unconstitutional, or unlawful, the said tax shall continue to be levied at a level of at least eight percent (8%) during the pendency of this Agreement or any amendment thereto. Smyrna shall have the right to levy a hotel/motel tax in excess of eight percent (8%) if otherwise authorized by law. 2. The Authority shall issue its 1991 Series A Revenue Bonds or other obligations in such amounts as the Authority deems necessary and appropriate for the design, construction, ... equipping, maintenance and operation of a convention and/or a performing arts center pursuant to an architect's report to be issued by Smallwood, Reynolds and Smallwood as such architect's report may be amended from time to time. Upon delivery of such architect's report and any amendments thereto, the same shall become a part of this contract. 3. Smyrna shall pay to the Authority through a bond trustee authorized herein 62.5 percent (62.5%) of the eight percent (8%) hotel/motel tax levied pursuant to O.C.G.A. ~ 48-13-51(a) (5.1) promptly upon collection of the same, for the purposes described in this agreement. Smyrna shall solely receive all amounts of hotel/motel tax levied in excess of eight ... percent (8%). - 3 - II - 4. The Authority will issue, from time to time, its revenue bonds or other obligations to finance the costs of acquisition and construction of a Convention Center and/or Coliseum and/or Exhibit Hall and/or Ballroom and/or Arena and/or Performing Arts Center. Such costs may include, but are not limited to, the costs of land acquisition, construction, and equipment, architectural fees and expenses, legal expenses, financial advisory expenses, bond issuance costs, consultants fees and any other expenses related to such project. The Authority may also issue additional bonds, from time to time, for additions and improvements to such facilities. The Authority'S bonds or other obligations are expected to be issued pursuant to a Trust Indenture or Bond Resolution. 5. The Authority may pledge as security for the 1991 Series A Revenue Bonds or other obligations of the Authority, the 62.5 percent (62.5%) of the eight percent (8%) of tax monies levied by Smyrna pursuant to O.C.G.A. i 48-13-5(a) (5.1). 6. It is hereby acknowledged and agreed by the parties hereto that this contract may be required to be amended and restated prior to or upon the issuance of the Authority's 1991 Series A Revenue Bonds and both parties hereby agree to execute and deliver such amended and restated contract as shall be mutually agreeable to such parties and in order to secure payment of the 1991 Series A Revenue Bonds upon the issuance thereof. 7. The Trust Indenture or Bond Resolution governing issuance of the Authority'S revenue bonds or other obligations ... .. - 4 - '\ ., ... may provide that funds deposited to the Renewal and Extension Fund will be eligible for use for the following purposes: (a) To make renewals, replacements, additions and extensions to the Authority's Coliseum, Exhibit Hall, Arena, Performing Arts and other facilities. (b) To make payments to the Sinking Fund to the extent other funds are not available. (c) To pay operating expenses of the Authority to the extent other funds are not available. (d) To pay to Cobb County amounts due but not theretofore paid pursuant to an agreement dated August 23, 1991, between the Authority and Cobb County. (e) To pay to Smyrna and cities within Cobb County (except the City of Marietta) amounts determined by the Authority to be excess funds in the Renewal and Extension Fund under terms of the Trust Indenture or Resolution authorizing issuance of the Authority's revenue bonds or other obligations. The amount to be paid to Smyrna shall be determined by multiplying the total amount declared as surplus by the Authority by a fraction whose numerator is the total dollars received from Smyrna in Hotel/Motel Tax payments less any amounts previously paid to Smyrna and whose denominator is the sum of all Hotel/Motel Tax revenues received from all cities and Cobb County (except for revenues received from the City of Marietta). The amounts so calculated shall be paid to Smyrna in a manner as designated by the Authority. - .. - 5 - I - 8. The Authority shall have the same fiscal year as that of Cobb County and will change its fiscal year from time to time to correspond with that of Cobb County if Cobb County should change its fiscal year. The Authority will also have a certified audit performed at the end of each fiscal year and will cause such audit to be completed within 180 days of the end of the fiscal year. If the National Council on Governmental Accounting's Governmental Accounting Standards Board ("GASB") publications require the Authority's audited financial statements be included as a part of Cobb County's audited financial statements, then the Authority's financial statements will be audited as a part of the audit of Cobb County, and the costs of auditing the Authority's financial statements shall be paid by the Authority pursuant to a separate agreement with Cobb County. 9. The Authority shall furnish to the Comptroller or a designated official of Smyrna upon request any monthly financing statements prepared by the Authority's staff for presentation to the Authority. If requested by Smyrna, the Authority will furnish to the Mayor and Council of the City of Smyrna unaudited monthly financial statements showing income and expense of the Authority in reasonable detail. 10. This agreement shall have a term of thirty seven (37) years from the issuance of the 1991 Series A Revenue Bonds or other obligations of the Authority, but in any event, not later than December 31, 2028. 11. Time is of the essence in this agreement. ... .. - 6 - 'I II Ii 12. This contract shall be construed pursuant to the law of the state of Georgia. ~ . Approved this ;Lf--day o4~ of Marietta, County of Cobb, state of Georgia 1991, in the .. City by the Cobb-Marietta Coliseum and Exhibit Hall Authority. AND A. WILLIAMS, CHAIP~ Attest: BY?~~ TRAVIS DU , SECRETARY .. witness: ..1" Sworn to and subscribed bef~ this 1) 7 day of '/J(br, 1991. .. ROY E. BARNES Attorney for the Cobb-Marietta Coliseum and Exhibit Hall Authority - 7 - " - ... ... APPROVED this 16 September , 1991, in the day of City of Smyrna, County of Cobb, state of Georgia by the City of Smyrna. CITY OF SMYRNA, GEORGIA ~- .C ///A ( .' ? /Y;i-~ /(p-~...._. BY: MAX BACON, MAYOR Attest.: BY:~$l"-" ~A.q- CLE K, CI Y OF SMYRNA, GEORGIA witness: Sworn to and subscribed bef~e me~is ,q day of ~1l lH/J\ , 1991. f2 Approved as to form: Attorney for th SMYRNA, GEORGI - 8 -