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07-21-2008 July 21, 2008 - July 2 L 2008 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 were City Administrator Wayne Wright, Assistant City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant Police Chief Michael Brown, Human Resources Director Chris Corey, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Planner Rusty Martin and representatives of the press. Invocation was given by Pastor Steve Kimmel from Smyrna First Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: Mayor Bacon recognized Mr. Nathan Wade, and Mr. Wade provided details to those present concerning his election campaign for the post of Cobb County superior court judge. - (A) Proclamation in Recognition of Hands, Feet and Mouth of Rose Garden/Davenport Town, Inc. Council Member Anulewicz recognized Ms. Cheryl Bursh, representing HFM, and Ms. Bursh provided details to those present concerning the organization's activities for the benefit of young people in the community. Council Member Anulewicz thanked Ms. Bursh and the workers of HFM for their contributions to the community, and read a Proclamation in recognition of Hands, Feet and Mouth of Rose Garden/Davenport Town, Inc. to those present. Ms. Bursh thanked the present officials and many staff members for their support over the years. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing- Variance Request V08-019 - Reduction of the required minimum separation between pawn brokers - 2217 South Cobb Drive - Harold Benson, Jr. Mr. Wright stated the subject property is zoned general commercial (GC), and that such zoning carries a requirement for 1,000' of separation between pawnbrokers. Mr. Wright stated in this case the subject tract is 703' from an existing pawnbroker. Mr. Wright stated that the License and Variance Board (L VB) voted to deny this request previously, and that the request is before the city council under appeal. Mr. Wright stated staff recommends denial of this variance request. -- Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least two persons by Mr. Cochran. Council Member Smith recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning this variance request. Mr. Suddreth stated that staff is ofthe view that no July 21. 2008 2 extraordinary circumstances or hardships are associated with the property, and that strict application of the code will not deprive the owner of reasonable use. Mr. Suddreth stated staff also believes approval of the request would establish an unfavorable precedent. -. Council Member Smith recognized Mr. Benson, and Mr. Benson provided details to those present concerning difficulties he has experienced attempting to lease the property. Mr. Benson expressed the view that the entity he is attempted to lease the property to operates a pawn business which differs from the other one nearby. Mr. Benson stated problems with vagrants and intruders have occurred at the property and that the building there has sustained damage. Mr. Benson explained that the continued vacancy of the subject property is creating a number of problems. Mr. Benson stated that many of the persons expressing interest in the property do not have sufficient financial credentials for operation of a going concern. Mr. Benson stated that he does not believe the premises could be leased for restaurant purposes because of upgrades needed to bring the building into compliance with current codes. MOTION: Council Member Smith made a motion to approve Variance Request V08-019 for reduction of the required minimum separation between pawn brokers at 2217 South Cobb Drive for Harold Benson, Jr. subject to the condition that the variance will expire after five years. The motion was seconded by Council Member McNabb. Council Member McNabb expressed the view that conditional approval of the variance is better than continuing to allow the building to remain vacant, and that he will support the motion. Motion was denied with Council Members Pritchett, Newcomb, Anulewicz, Lnenicka and Wood in opposition. Mayor Bacon recognized Mr. Bob Ott, and Mr. Ott provided details to those present concerning his election campaign for the post of Cobb County commissioner. .-, (B) Annexation request (all owners requesting annexation) - .323 acre tract - Land Lot 592, ParcelS, I ih District, 2nd Section, Cobb County - 1514 Hawthorne Avenue - Roman Perez Mr. Wright stated the submitted legal description of the subject tract was reviewed by staff and found to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Anulewicz made a motion to approve annexation of a .323 acre tract in Land Lot 592, ParcelS, 17th District, 2nd Section, Cobb County at 1514 Hawthorne Avenue for Roman Perez to become a part of Ward 3 of the City with an effective date of August 1,2008. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: There was none. - July 2 L 2008 3 -- COMMERCIAL BUILDING PERMITS: (A) Approval of a commercial building permit for Verizon Wireless at 2540 Cobb Parkway Council Member Pritchett provided details about the subject location to those present. MOTION: Council Member Pritchett made a motion to approve a commercial building permit for Verizon Wireless at 2540 Cobb Parkway. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Approval for the issuance of a commercial building permit for lBEW at 2791 Woodland Terrace Council Member Pritchett provided details about the subject location to those present. MOTION: Council Member Pritchett made a motion to approve a commercial building permit for a commercial building permit for lBEW at 2791 Woodland Terrace. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of July 7, 2008 minutes (B) Approval of a Resolution authorizing an intergovernmental housing cooperation agreement with the Smyrna Downtown Area Development Corporation .... MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Ms. Hiott, who provided details to those present concerning recent court services operations. Ms. Hiott stated a new lighting system has been installed in the chambers. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. Council Member Anulewicz recognized Mr. Corey, who provided details to those present regarding positions for which the City is recruiting. Mr. Corey provided details to those present concerning health screenings being conducted in connection with the City's health insurance plan. Council Member McNabb recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning current Public Works Department projects. - Council Member McNabb recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning a recent cleanup effort. Ms. Kirk thanked the volunteers who assisted her with this project. July 21. 2008 4 Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning use statistics and current and upcoming programs and events for the City Library. - Council Member Smith stated Ms. Bennett was unable to attend this meeting because of a family emergency. Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning recent and upcoming Community Relations and Parks and Recreation Department activities. Council Member Smith expressed the view that an opportunity was missed this evening to fill a vacant building in the City. Council Member Lnenicka stated neither of the City's public safety departments have a report this evening. Council Member Lnenicka provided details to those present regarding an article which recently appeared in the Marietta Daily Journal regarding a grand jury inspection of the City jail and other areas ofthe police department. Council Member Lnenicka thanked members of Smyrna Presbyterian Church for inviting himself and Mr. Ciaccio to provide an update on the Taylor- Brawner property. Council Member Wood recognized Mr. Boyd, who provided details to those present concerning the City general fund and upcoming audit. Council Member Wood provided details to those present concerning upcoming millage rate hearings. - Mr. Wright provided details to those present concerning public meetings Georgia Power will be holding regarding a facilities update project. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 459 Shawnee Trail, and Mr. Backry expressed concerns about the scheduling and publicizing of the upcoming millage rate hearings. Mr. Backry stated the City may need a communications specialist to make sure people are aware of such developments. Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 1078 Oakview Drive, and Ms. Kirkendoll stated she will be at every meeting to make comments until she sells her house. Ms. Kirkendoll expressed concerns about the city council's decision this evening regarding the Arby's property on South Cobb Drive. Ms. Kirkendoll expressed concerns about illegal immigration in the City and stated the City's leadership should do something about it. Ms. Kirkendoll provided details to those present regarding compliance with SB 529 laws. Ms. Kirkendoll stated nobody will be interested in development in Smyrna as long as there are thousands of boarding houses along South Cobb Drive. Mayor Bacon recognized Ms. Pam Lee, residing at 2829 Arden Way, and Ms. Lee stated she would like to see a dog park built in the Jonquil Park Soccer Field renovation. Ms. Lee provided printed information to the present officials. Ms. Lee stated she has talked to many people in the community regarding this proposal. - July 2 L 2008 5 ~ Mayor Bacon stated citizens input is for citizen comment and is not intended to be a debate forum nor a venue for personal attacks. ADJOURNMENT: 0; i~ D. 'Ii~ SUSAN D. HIOTT, CITY CLERK -- <)2.. )vL RON NEWCOMB, WARD 2 'it~ TERI ANULEWICZ , ARD 3 - A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERGOVERNMENTAL HOUSING COOP ERA TION AGREEMENT WITH THE SMYRNA DOWNTOWN AREA DEVELOPMENT CORPORATION AND FOR OTHER PURPOSES WHEREAS, the Housing Authority of the City of Smyrna (the "Housing Authority") is a public body corporate and politic duly created and validly existing under and pursuant to an act known as the "Housing Authorities Law," codified as Article I of Chapter 3 of Title 8 of the Official Code of Georgia Annotated (the "Housing Authorities Law"); and WHEREAS, the governing body of the City of Smyrna (the "City") has, by proper resolution adopted on May 2, 1983, declared that there is a need for the Housing Authority to function in the City, as required by the terms of the Housing Authorities Law; the Housing Authority has been duly created and activated pursuant to the terms of the Housing Authorities Law; and the Housing Authority's commissioners have been appointed as provided therein and are currently acting in that capacity; and WHEREAS, the Housing Authorities Law authorizes the Housing Authority to incorporate one or more nonprofit corporations pursuant to the "Georgia Nonprofit Corporation Code" as subsidiary corporations of the Housing Authority for the purpose of carrying out any of the powers of the Housing Authority and accomplishing any of the purposes of the Housing Authority, which subsidiary corporations shall be public bodies corporate and politic exercising public and essential governmental functions; and WHEREAS, pursuant to the authorization described above, the Housing Authority, by resolution duly adopted on July 9, 2008, authorized the incorporation of the Smyrna Downtown Area Development Corporation (the "Corporation") pursuant to the "Georgia Nonprofit Corporation Code," solely for the purpose of financing the acquisition, renovation, and installation of two apartment complexes presently known as the "Highlands Apartment Complex" and the "Carriage House," each located within the corporate limits of the City; and WHEREAS, the Housing Authorities Law authorizes the Corporation to prepare, carry out, acquire, lease, and operate housing projects; to provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part thereof; to arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; and to lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project; and WHEREAS, the Housing Authorities Law (I) defines "housing project" to include any work or undertaking to provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income, including the providing of buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, or gardening or for administrative, community, health, recreational, educational, welfare, or other purposes; provided, however, that a project which is or is expected to be subject to a private enterprise US2008 373812.2 agreement shall qualify as a "housing project" within the meaning of the Housing Authorities Law if at least 20 percent of the project is occupied by persons of low income; (2) defines "persons of low income" to mean persons or families who lack the income necessary (as determined by the Corporation) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings without overcrowding; and (3) defines "private enterprise agreement" to mean a contract between the Corporation and a person or entity operating for profit for the management of a housing project; and WHEREAS, the Housing Authorities Law authorizes the Corporation to issue notes from time to time, in its discretion, for any of its corporate purposes and in order to secure the payment of such notes to pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence; and WHEREAS, Article 2 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Housing Cooperation Law" (the "Housing Cooperation Law"), authorizes the City, for the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of any work or undertaking of the Corporation pursuant to the Housing Authorities Law, located within the area in which it is authorized to act, to, upon such terms, with or without consideration, as it may determine, (I) do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of any work or undertaking of the Corporation pursuant to the Housing Authorities Law, (2) enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with the Corporation respecting action to be taken by the City pursuant to any of the powers granted by the Housing Cooperation Law, and (3) lend or donate money to the Corporation or to agree to take such action; and WHEREAS, Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia of 1983 authorizes any municipality of the State of Georgia to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide; and WHEREAS, the Corporation, at the request and direction of the City, proposes to acquire, renovate, and install an approximately 152-unit apartment complex presently known as the "Highlands Apartment Complex" (the "Project"); and WHEREAS, the Corporation proposes to issue $8,195,000 in original principal amount of its Limited Obligation Promissory Note (Highlands Apartments Project), Series 2008 (the "Note"), in order to finance the costs of acquiring, renovating, and installing the Project, and to finance related costs; and WHEREAS, the Corporation and the City propose to enter into an Intergovernmental Housing Cooperation Agreement (the "Contract"), the form of which has been filed with the City and submitted to the Mayor and Council of the City, under the terms of which (I) the Corporation will agree to acquire, renovate, and install the Project and contract with a private manager to operate the Project, and (2) the City will agree (a) to make payments to the -2- U82008373812.2 Corporation in amounts sufficient to enable the Corporation to pay the principal of, premium, if any, and interest on the Note when due, and (b) to levy an annual ad valorem tax on all taxable property located within the corporate limits of the City, at such rates within the 15.00 mill limit prescribed by the City's Charter or such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are sufficient to fulfill the City's obligations under the Contract; and WHEREAS, the Corporation will issue the Note to Bank of America, N.A. (the "Lender") pursuant to a Loan Agreement (the "Loan Agreement"), to be dated the date of its execution and delivery, between the Corporation and the Lender; and WHEREAS, to secure its obligations under the Loan Agreement and the Note, the Corporation will pledge and grant to the Lender a first priority security interest in the payments to be received by the Corporation from the City pursuant to the Contract and the contract rights of the Corporation contained in the Contract (except for the payments and contract rights reserved to the Corporation in the Assignment and Security Agreement), pursuant to the terms of an Assignment and Security Agreement, to be dated the date of its execution and delivery, between the Corporation and the Lender; and WHEREAS, after careful study and investigation, the City desires to enter into the Contract; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Smyrna as follows: 1. The form, terms, and conditions and the execution, delivery, and performance of the Contract, which has been filed with the City, are hereby approved and authorized. The Contract shall be in substantially the form submitted to the Mayor and Council of the City with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the Mayor or Mayor Pro Tern. of the City, whose approval thereof shall be conclusively evidenced by the execution of the Contract. 2. The Mayor or Mayor Pro Tem. of the City is hereby authorized and directed to execute on behalf of the City the Contract, and the City Clerk of the City is hereby authorized and directed to affix thereto and attest the seal of the City, upon proper execution and delivery of the Corporation, provided, that in no event shall any such attestation or affixation of the seal of the City be required as a prerequisite to the effectiveness thereof, and the Mayor or Mayor Pro Tem. and City Clerk of the City are authorized and directed to deliver the Contract on behalf of the City to the Corporation, and to execute and deliver all such other contracts, agreements, instruments, documents, affidavits, or certificates and to do and perform all such things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the Note and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and documents referred to in this Resolution. -3- U82008373812.2 3. This Resolution and the Contract, as approved by this Resolution, which is hereby incorporated in this Resolution by this reference thereto, shall be placed on file at the office of the City and made available for public inspection by any interested party immediately following the passage and approval of this Resolution. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 21st day of July 2008. CITY OF SMYRNA (SEAL) ~ By: /, Mayor Attest: ~4 IL D. YidY6!r' City Clerk -4- U820083738122 CITY CLERK'S CERTIFICATE I, SUSAN D. HIOTT, the duly appointed, qualified, and acting City Clerk of the City of Smyrna (the "City"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on July 21, 2008, by the Mayor and Council of the City in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the City, by a vote of --2- Y ea and 0 Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the City, which is in my custody and control. . Sf- GIVEN under my hand and the seal of the City, this ~ J day of July 2008. (SEAL) ~~II D. Yid/i;- City Clerk, City of Smyrna U82008373812.2 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 592 Acres .323 2008-9 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on July 2 I. 2008 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and ,... WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A. " BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. day of ~11 D. Y6-L{VCC(y Susan D. Hiott, City Clerk City of Smyrna - cott A. Cochran, City A City of Smyrna - - - Ordinance 2008 - 9 Exhibit "A" ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 592 OF THE 17TH DISTRICT 2ND SECTION OF COBB COUNTY GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF HAWTHORNE AVENUE A DISTANCE OF 94.00 FEET EASTERLY FROM THE INTERSECTION FORMED BY THE CENTERLINE OF OLD ROSWELL ROAD AND THE SOUTHERLY RIGHT OF WAY OF HAWTHORNE AVENUE GO THENCE SOUTH 00 DEGREES 34 MINUTES 35 SECONDS WEST FOR A DISTANCE OF 75.57 FEET TO A POINT GO THENCE NORTH 89 DEGREES 01 MINUTES 28 SECONDS EAST FOR A DISTANCE OF 30.00 FEET TO A POINT; GO THENCE SOUTH 00 DEGREES 35 MINUTES 35 SECONDS EAST FOR A DISTANCE OF 128.37 FEET TO A REBAR IRON PIN SET GO THENCE SOUTH 82 DEGREES 42 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 41.51 FEET TO A REBAR IRON PIN SET GO THENCE NORTH 22 DEGREES 28 MINUTES 24 SECONDS WEST FOR A DISTANCE OF 194.19 FEET TO A CRIMP TOP PIN FOUND ON THE SOUTHEASTERLY RIGHT OF WAY OF OLD ROSWELL ROAD GO THENCE ALONG THE SOUTHEASTERLY RIGHT OF WAY OF OLD ROSWELL ROAD AN ARC LENGTH OF 91.19 FEET TO A REBAR IRON PIN SET SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 70 DEGREES 58 MINUTES 38 SECONDS EAST WITH A CHORD DISTANCE OF 89.74 FEET USING A RADIUS OF 147.25 FEET ANDTHE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 0.323 ACRES (14,080.183 SQUARE FEET), MORE OR LESS.