11-16-1998 Regular MeetingNovember 16, 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, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance
Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library
Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful
Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken
Hildebrandt, Community Development Director Robin Broyles, Community Relations Director
Maryclaire Andres and representatives of the press.
Invocation was given by Councilman Hawkins, followed by the pledge to the flag led by the
members of Boy Scout Troop 88.
CITIZENS INPUT:
Mayor Bacon recognized Emory Parrish and several members of the Golden K Kiwanis Club.
Mr. Parrish presented Michael Seigler with a $100 check from the Golden K for the Library.
Mayor Bacon recognized Ann Kirk, Keep Smyrna Beautiful. Ms. Kirk asked Sue Brissey to
come forward and present an Image Enhancement Award. Ms. Brissey presented the award to
Mr. Bill Lincicome for the Post Landscape business location in the Jonquil Plaza shopping
center. Ms. Kirk then asked Ellen Burts to come forward. Ms. Burts presented the Keep
Smyrna Beautiful Charter Membership plaque to Mayor Bacon and the city.
Ms. Kirk announced the city has once again won a national award - Distinguished Service
Award.
Mayor Bacon recognized Jim Cole, candidate for the Public Service Commission. Mr. Cole
thanked the voters for their support in the November 3 election and asked for their support in
the run-off election to be held November 24.
Mayor Bacon recognized Curt Johnston who thanked everyone for re-electing him to serve as
the Post 2 School Board representative. Mr. Johnston encouraged everyone to drive by and
look at the Senior Courtyard at Campbell High School and thanked Post Landscape Services for
their contributions to that project.
Mayor Bacon recognized Finance Director Claudia Edgar. Ms. Edgar introduced Rick Hartley
and Brett McClung from Anderson -Hunt and Company. Mr. Hartley and Mr. McClung
presented the city with the GFOA Excellence in Financial Reporting award and stated this is the
tenth year the city has received this award. Ms. Edgar thanked her staff for their assistance in
preparing the budget and expressed her special appreciation to Mike Hickenbottom for his
assistance in coordinating the staff with the auditors. Mr. Hartley and Mr. McClung then
presented a graphical presentation of the audit report of the Comprehensive Annual Financial
Report (CAFR) for the fiscal year ending June 30, 1998. Mayor Bacon commended the
members of the Finance & Administration Committee and staff for the numerous hours they
spend preparing for the budget. Mayor Bacon then asked Finance and Administration
Committee Chairman Wade Lnenicka to make a few comments. Councilman Lnenicka stated
this is a collaborative effort of the entire elected body as well as the staff, overseen by Claudia
Edgar, City Administrator Howard Smith and City Clerk Melinda Dameron and all the
department heads. Councilman Lnenicka asked Mr. McClung about the city's financial
condition. Mr. McClung stated the city is in good financial condition and there were no serious
deficiencies found. Councilman Lnenicka stated he appreciates the fine job Anderson -Hunt and
Company has done over the years and further stated the audit contract will be reviewed next
year and encouraged Anderson -Hunt to bid in that process. Mayor Bacon recognized Mr. John
Anderson and asked if he would like to make any comments. Mr. Anderson stated he was just
present as a member of the audience.
November 16, 1998 meeting - continued
PUBLIC HEARINGS:
(A) Variance Request - 3258 Ridgecrest Road - Reduce Front Yard Setback from 40 Feet
to 31 Feet
Mr. Smith stated the applicants, Thomas and Vanessa Smith, want to add a front porch to their
home to improve the enjoyment of it and to enhance the beauty of their residence. Mayor
Bacon recognized Mr. and Mrs. Smith and then stated this is a public hearing and asked if
anyone was present in opposition to this variance request. There was no opposition.
Councilman Hawkins asked Thomas Smith to briefly describe what he plans to do at his home.
Mr. Smith stated they have a block pad at the front door of their home, approximately 4 feet by
4 feet. He stated that pad is apparently right on the setback and they want to extend that six
feet out and build a front porch across the front of their home. Mr. Smith stated they would
like to be able to sit on their front porch and enjoy the neighborhood and all the landscaping
they have been doing. Councilman Hawkins stated a sign has been posted at the residence and
there has been no objection to the variance requested. Councilman Hawkins stated for the
record that Mr. and Mrs. Smith have a petition with signatures of six of the adjoining neighbors
stating they are not against the variance. Mr. Hawkins stated in the older neighborhoods the
setbacks were 40 feet and if this variance is approved would still be 31 feet from the right of
way. Councilman Hawkins made a motion that the variance request at 3258 Ridgecrest Road to
reduce the front yard setback from 40 feet to 31 feet to allow the residents to build a front
porch be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0
(Councilman Lnenicka was absent from the podium during the vote). Councilman Hawkins
stated Mr. Smith is an artist and asked him to consider displaying his art at the Library. Mr.
Smith stated he would be happy to consider that.
(B) Alcoholic Beverage License Request - Agent Change - Lupita's Mexican Restaurant -
2161 South Cobb Drive - Retail Pouring of Beer, Wine and Liquor
Mr. Smith stated this is an agent change only and Jose Villanueva will be the agent for this
establishment. He further stated the applicant has been given a copy of the Alcoholic Beverage
Ordinance and it has been reviewed with him by the Business License Officer. Mr. Smith
stated for the record that the Police Department investigation revealed nothing that would
preclude the issuance of this license to Mr. Villanueva and further stated Mr. Villanueva is a
resident of the State of Georgia. Mayor Bacon stated this is a public hearing and asked if
anyone was present in opposition to the granting of this agent change. There was no
opposition.
Councilman Cramer asked Mr. Villanueva how long he has been employed by Lupita's and he
responded five years. Mr. Cramer advised Mr. Villanueva that the city periodically conducts
sting operations and advised him to check identification on all the patrons. Mr. Villanueva
stated he has been working there a long time and he will make sure everyone has the correct
identification. Mr. Cramer stated this request is for an agent change only and the stated for the
record that the Police Department investigation failed to reveal anything that would preclude the
issuance of this license to Mr. Villanueva. Mayor Bacon asked Mr. Villanueva who owns the
restaurant and why they did not apply to be the agent. Mr. Villanueva responded the owner is
Carlos Hernandez and he does not live in Cobb County and therefore can not be the agent for
the establishment. Mr. Villanueva responded Mr. Hernandez does hold the license for other
restaurants. Councilman Hawkins asked Mr. Villanueva if he understood that if any
violations occur, he will be held responsible for them and Mr. Villanueva responded he
understands that. Councilman Cramer told Mr. Villanueva to be sure he has a training program
in place for the employees to make sure they understand that if patrons have no identification
they can not be served. Councilman Lnenicka asked Mr. Villanueva what position he holds
with Lupita's and he responded he is the manager. Mr. Lnenicka told Mr. Villanueva they do
a good job at Lupita's and asked him to tell Carlos and Lupe the city wishes them continued
success. Councilman Cramer made a motion that the request for an agent change at Lupita's
Mexican Restaurant, 2161 South Cobb Drive, for the retail pouring of beer, wine and liquor
with Mr. Jose Villanueva be approved. Councilman Lnenicka seconded the motion. Motion
was approved 7-0.
November 16, 1998 meeting - continued
FORMAL BUSINESS:
(A) Appointments to Veterans Memorial Committee - Wards 2 and 4
Councilman Newcomb stated he would like to appoint Ed Robinson to serve as a Ward 2
representative on the committee and Councilman Hawkins stated he would like to appoint Dot
Bacon to serve as a Ward 4 representative on the committee. Councilman Newcomb made a
motion that Ed Robinson and Dot Bacon be appointed to serve on the Veterans Memorial
Committee. Councilman Cramer seconded the motion. Motion was approved 7-0.
(B) Appointment to Planning and Zoning Board - Ward 2
Councilman Newcomb asked that this appointment be deferred to a later meeting.
(C) Validate Petition to Annex PropertyLand Lot 477, 17' District, 2' Section -
Fronting on Cooper Lake Road (7.39 Acres)
Mr. Smith stated the applicant, Mr. Charles E. Whitener has submitted an application to annex
7.39 acres in Land Lot 477, 17" District, 2nd Section, Cobb County, and is requesting that his
petition be validated and set a public hearing date for December 7, 1998.
Councilman Wood stated the matter of rezoning this property has been before the Planning and
Zoning Board and they have made a recommendation to approve housing on the property.
Councilman Wood made a motion that the petition for annexation be validated and set a public
hearing date of December 7, 1998. Councilman Lnenicka seconded the motion. Motion was
approved 7-0.
Legal Description: Cooper Lake Road Tract
All that tract or parcel of land lying and being in Land Lot 477 of the 17' District, 2' Section,
City of Smyrna, Cobb County, Georgia and being more particularly described as follows:
Beginning at the southwest corner of Land Lot 477 (said corner being common to Land Lots
460, 461, 476 and 477) and proceeding thence North 00 degrees 45 minutes 30 seconds West
along the west line of Land Lot 477 for a distance of 336.53 feet to a point on the southeasterly
r/w of Cooper Lake Road (70' r/w); thence in a northeasterly direction along the southeasterly
r/w of Cooper Lake Road (70' r/w) the following courses and distances: (1) North 79 degrees
00 minutes 27 seconds East, 121.50 feet; (2) 88.86 feet along the arc of a curve to the left, said
curve having a radius of 1237.99 feet and being subtended by a chord of North 76 degrees 57
minutes 04 seconds East, 88.84 feet; (3) 198.21 feet along the arc of a curve to the left, said
curve having a radius of 515.81 feet and being subtended by a chord of North 63 degrees 53
minutes 12 seconds East, 196.99 feet; (4) 13 1. 10 feet along the arc of a curve to the left, said
curve having a radius of 971.19 feet and being subtended by a chord of North 49 degrees 00
minutes 40 seconds East, 131.00 feet; (5) North 45 degrees 08 minutes 38 seconds East, 55.48
feet; (6) 76.94 feet along the arc of a curve to the left, said curve having a radius of 3000.00
feet and being subtended by a chord of North 44 degrees 24 minutes 33 seconds East, 76.94
feet; (7) North 43 degrees 40 minutes 28 seconds East for a distance of 137.40 feet to a point;
thence departing said r/w and proceeding South 50 degrees 56 minutes 29 seconds East for a
distance of 195.77 feet to a point; thence South 07 degrees 17 minutes 14 seconds East for a
distance of 125.17 feet to a point; thence South 47 degrees 35 minutes 10 seconds West for a
distance of 308.76 feet to a point; thence South 27 degrees 35 minutes 18 seconds West for a
distance of 340.49 feet to a point on the southerly line of Land Lot 477; thence North 88
degrees 30 minutes 00 seconds West along the southerly line of Land Lot 477 for a distance of
447.60 feet to the Point of Beginning. Said tract containing 7.39357 acres.
(D) Validate Petition to Annex Property - Land Lots 398, 399, 463, 464, 465, 466, 471
472, 473, 474, 536, 537, 538, 542, 543 and 545 - 17' District, 2' Section, Cobb
County, Georgia - Fronting on Cooper Lake Road (387.765 Acres)
Mr. Smith stated J. O. Bledsoe and George T. Kellogg have submitted applications to annex a
total of 387.765 acres and are requesting the petitions be validated with a public hearing date
set for December 7, 1998. Mr. Smith stated this will be a major annexation and has been heard
before the Planning and Zoning Board and was supported for a rezoning as well as an addition
to the Vinings Estates subdivision, upscale golf course community, townhome community and
golf villas in that area.
November 16, 1998 meeting - continued
Councilman Wood stated this petition for annexation represents a major property development
and the city is looking forward to having it in the city. Mr. Wood stated this property adjoins
the Vinings Estates subdivision on Cooper Lake Road and a lot of the property is on
Pebblebrook Road. Mr. Wood stated the developers propose an 18-hole golf course on the
property along with a substantial amount of residential development — approximately 200
single-family detached homes as well as some: upscale townhouses. Mr. Wood stated he feels
this will be a major development for the city. Councilman Wood stated this has been before the
Planning and Zoning Board and received their approval and recommendation. Councilman
Wood made a motion that the petition for annexation be validated and set a public hearing date
for December 7, 1998. Councilman Lnenicka seconded the motion. Councilman Hawkins
stated this is probably one of the most exciting annexations the city has had in a long time and
is one of the largest annexations the city has had in a long time. Mr. Hawkins stated one of the
nicest things about the annexation is that it will be upscale homes and a nice golf course. Mr.
Hawkins commended Mr. Wood for his efforts in acquiring this annexation. Mr. Wood stated
when you put all this acreage together with the proposed housing it will be slightly less than
one housing unit per acre when all the acreage involved is considered. Mayor Bacon stated this
annexation has probably been in the works for probably at least four or five years. Mr. Bacon
stated this will be great for everyone in the area when Mr. Bledsoe and Mr. Wieland connect
on the development. Mayor Bacon stated this is the second or third annexation done in the
spirit of cooperation with Cobb County as a result of HB 489. Mayor Bacon stated the County
has endorsed this annexation as well as the rezoning of the property. Councilman Lnenicka
stated he would like to congratulate Mr. Wood on the annexation and the pending project on the
property. He stated this is probably the largest annexation since Councilman Jerry Mills was
on the Council. Mr. Lnenicka then commended Mr. Wood for his diligence and his efforts and
feels it will be a great legacy for the city. Mr. Lnenicka then stated the other legacy is what he
calls the spillover effect on the surrounding property. Councilman Lnenicka stated he had met
last week with some developers of property not contiguous to this property but near the
property and they talked about this development and how it changes the standards for the area.
Mr. Lnenicka stated he told two developers that while the city would love to work with them,
their proposals were not good enough for this area and hopefully they, or someone else, will
come back with some new or better ideas. Mr. Lnenicka stated he feels the developer he met
with last week will modify his plans so it will be complimentary, not only of the downtown, but
of this development and this sets a chain reaction of events for every adjoining piece of
property, either undeveloped or being redeveloped, that could positively impact the city as long
as the city sets and maintains those standards equally and fairly for everybody. Motion to
validate the petition and set a public hearing date of December 7, 1998, was approved 7-0.
Legal Description:
All that tract or parcel of land lying and being located in Land Lots 398, 399, 463, 464, 465,
466, 471, 472, 473, 474, 536, 537, 538, 542, 543, 544 and 545, 17' District, 2nd Section,
Cobb County, Georgia and being more particularly described as follows:
BEGINNING at a V x 1" square iron found at the common corner of Land Lots 400, 401,
464, and 465; thence following the North line of Land Lot 465 North 89 degrees 14 minutes 22
seconds East, a distance of 1020.84 feet to a point on the Northeast side of a 100' Georgia
Power Company Easement; thence leaving said Land Lot line and following the Northeast side
of said easement North 51 degrees 55 minutes 30 seconds West, a distance of 1945.17 feet to a
point; thence leaving said easement North 05 degrees 38 minutes 19 seconds East, a distance of
144.65 feet to a point; thence North 83 degrees 34 minutes 48 seconds East, a distance of
192.25 feet to a point; thence North 20 degrees 47 minutes 24 seconds East, a distance of
188.13 feet to a point; thence North 54 degrees 20 minutes 07 seconds East, a distance of
520.34 feet to a point; thence North 41 degrees 00 minutes 07 seconds East, a distance of
507.83 feet to a point; thence North 49 degrees 09 minutes 32 seconds East, a distance of
488.94 feet to a point; thence North 56 degrees 59 minutes 53 seconds West, a distance of
85.00 feet to a point; thence North 75 degrees 15 minutes 36 seconds East, a distance of 242.66
feet to a point on the Southwest right of way (R/W) line of Southern Railway Company (R/W
varies); thence following said R/W line South 40 degrees 23 minutes 51 seconds East, a
distance of 840.56 feet to a point; thence 233.42 feet along a curve to the left, said curve
having a chord of South 42 degrees 39 minutes 32 seconds East 233.36 feet and a radius of
2957.33 feet to a point; thence South 44 degrees 55 minutes 12 seconds East, a distance of
660.74 feet to a point; thence North 44 degrees 00 minutes 07 seconds East, a distance of 50.00
feet to a point; thence South 50 degrees 26 minutes 27 seconds East, a distance of 1456.57 feet
to a point; thence 436.10 feet along a curve to the left, said curve having a chord of South 54
November 16, 1998 meeting - continued
degrees 31 minutes 14 seconds East 435.73 feet and a radius of 3062.16 feet to a point; thence
South 58 degrees 36 minutes 02 seconds East, a distance of 570.35 feet to a point; thence South
59 degrees 10 minutes 09 seconds East, a distance of 847.24 feet to a point; thence 460.71 feet
along a curve to the right, said curve having a chord of South 54 degrees 23 minutes 43,;
seconds East 460.18 feet and a radius of 2764.79 feet to a point at the intersection of said R/W
line with the East line of Land Lot 544; thence following said Lot line South 02 degrees 06
minutes 25 seconds West, a distance of 734.40 feet to a point; thence leaving said Land Lot line
South 02 degrees 06 minutes 25 seconds West, a distance of 154.86 feet to a point; thence .
North 87 degrees 35 minutes 24 seconds West, a distance of 659.73 feet to a point; thence
South 00 degrees 38 minutes 58 seconds West, a distance of 1023.42 feet to a point; thence
North 88 degrees 08 minutes 06 seconds West, a distance of 129.98 feet to a point; thence
South 38 degrees 11 minutes 49 seconds West, a distance of 118.40 feet to a point; thence
North 51 degrees 26 minutes 32 seconds West, a distance of 163.30 feet to a point; thence
North 87 degrees 54 minutes 46 seconds West, a distance of 8 1. 10 feet to a point; thence South
02 degrees 00 minutes 21 seconds West, a distance of 93.00 feet to a point; thence South 00
degrees 10 minutes 38 seconds East, a distance of 74.75 feet to a point; thence South 00
degrees 04 minutes 58 seconds East, a distance of 94.30 feet to a point; thence South 13
degrees 55 minutes 44 seconds East, a distance of 51.20 feet to a point on the North R/W line
of Pebblebrook Road (50' R/W); thence following said R/W line 49.89 feet along a curve to the
left, said curve having a chord of South 71 degrees 49 minutes 00 seconds West 49.89 feet and
a radius of 1091.46 feet to a point; thence leaving said R/W line North 13 degrees 55 minutes
44 seconds West, a distance of 62.17 feet to a point; thence" North 00 degrees 03 minutes 25
seconds West, a distance of 82.01 feet to a point; thence North 89 degrees 24 minutes 27
seconds West, a distance of 208.89 feet to a point; thence North 00 degrees 57 minutes 57
seconds East, a distance of 129.11 feet to a point; thence North 00 degrees 48 minutes 41
seconds East, a distance of 751.69 feet to a point; thence North 00 degrees 48 minutes 41
seconds East, a distance of 38.31 feet to a point; thence North 89 degrees 48 minutes 51
seconds West, a distance of 518.33 feet to a point; thence North 86 degrees 00 minutes 48
seconds West, a distance of 98.78 feet to a point; thence North 51 degrees 55 minutes 08
seconds West, a distance of 1008.00 feet to a point; thence South 64 degrees 50 minutes 10
seconds West, a distance of 356.44 feet to a point; thence South 74 degrees 40 minutes 25
seconds West, a distance of 171.31 feet to a point; thence South 15 degrees 27 minutes 00
seconds West, a distance of 42.92 feet to a point; thence South 13 degrees 29 minutes 27
seconds West, a distance of 149.60 feet to a point; thence South 04 degrees 11 minutes 58
seconds East, a distance of 227.07 feet to a point; thence South 13 degrees 26 minutes 18
seconds East, a distance of 98.32 feet to a point; thence South 01 degrees 48 minutes 20
seconds West, a distance of 83.30 feet to a point; thence South 08 degrees 06 minutes 17
seconds West, a distance of 62.91 feet to a point; thence South 54 degrees 15 minutes 22
seconds West, a distance of 37.05 feet to a point; thence South 24 degrees 27 minutes 10
seconds East, a distance of 86.96 feet to a point; thence North 89 degrees 50 minutes 04
seconds West, a distance of 562.34 feet to a point on the North R/W line of Pebblebrook Road,
thence following said R/W line 21.40 feet along a curve to the right, said curve having a chord
of North 04 degrees 35 minutes 16 seconds West 21.40 feet and a radius of 739.84 feet to a
point; thence North 03 degrees 45 minutes 33 seconds West, a distance of 137.62 feet to a
point; thence 251.29 feet along a curve to the left, said curve having a chord of North 14
degrees 22 minutes 11 seconds West 249.86 feet and a radius of 678.46 feet to a point; thence
109.07 feet along a curve to the left, said curve having a chord of North 38 degrees 08 minutes
42 seconds West 108.11 feet and a radius of 237.35 feet to a point; thence 29.44 feet along a
curve to the left, said curve having a chord of North 53 degrees 03 minutes 32 seconds West
29.43 feet and a radius of 482.07 feet to a point; thence 71.88 feet along a curve to the left,
said curve having a chord of North 59 degrees 04 minutes 47 seconds West 71.81 feet and a
radius of 482.07 feet to a point; thence North 63 degrees 21 minutes 04 seconds West, a
distance of 142.75 feet to a point; thence 148.40 feet along a curve to the left, said curve
having a chord of North 65 degrees 58 minutes 32 seconds West 148.35 feet and a radius of
1619.76 feet to a point; thence 5.00 feet along a curve to the left, said curve having a chord of
North 70 degrees 28 minutes 28 seconds West 5.00 feet and a radius of 338.30 feet to a point;
thence 191.73 feet along a curve to the left, said curve having a chord of North 87 degrees 08
minutes 02 seconds West 189.18 feet and a radius of 338.30 feet to a point; thence 28.68 feet
along a curve to the left, said curve having a chord of South 76 degrees 43 minutes 43 seconds
West 28.68 feet and a radius of 1224.07 feet to a point; thence 81.58 feet along a curve to the
left, said curve having a chord of South 74 degrees 08 minutes 53 seconds West 81.57 feet and
a radius of 1224.07 feet to a point; thence South 72 degrees 14 minutes 20 seconds West, a
distance of 32.73 feet to a point; thence 154.69 feet along a curve to the left, said curve having
a chord of South 67 degrees 09 minutes 30 seconds West 154.49 feet and a radius of 872.29
feet to a point; thence 45.74 feet along a curve to the left, said curve having a chord of South
November 16, 1998 meeting - continued
57 degrees 20 minutes 12 seconds West 45.72 feet and a radius of 446.96 feet to a point; thence
202.09 feet along a curve to the left, said curve having a chord of South 50 degrees 06 minutes
12 seconds West 201.90 feet and a radius of 1345.93 feet to a point; thence 95.08 feet alalong a
curve to the left, said curve having a chord of South 43 degrees 46 minutes 41 seconds West
95.06 feet and a radius of 1345.93 feet to a point; thence South 41 degrees 45 minutes 16
seconds West, a distance of 410.18 feet to a point; thence South 41 degrees 45 minutes 16
seconds West, a distance of 34.87 feet to a point; thence 65.43 feet along a curve to the left,
said curve having a chord of South 41 degrees 03 minutes 34 seconds West 65.43 feet and a
radius of 2696.82 feet to a point; thence North leaving said R/W line 54 degrees 35 minutes 10
seconds West a distance of 203.88 feet to a point, thence North 54 degrees 35 minutes 10
seconds West, a distance of 38.18 feet to a point; thence South 32 degrees 42 minutes 15
seconds West, a distance of 440.32 feet to a point; thence South 53 degrees 38 minutes 57
seconds East a distance of 209.97 feet to a point on the North R/W line of Pebblebrook Road;
thence following said R/W line 84.83 feet along a curve to the right, said curve having a chord
of South 42 degrees 10 minutes 10 seconds West 84.76 feet and a radius of 611.89 feet to a
point; thence 282.84 feet along a curve to the right, said curve having a chord of South 66
degrees 26 minutes 08 seconds West 276.97 feet and a radius of 399.27 feet to a point; thence
South 86 degrees 43 minutes 48 seconds West, a distance of 86.85 feet to a point; thence
145.19 feet along a curve to the left, said curve having a chord of South 73 degrees 25 minutes
31 seconds West 143.88 feet and a radius of 312.61 feet to a point; thence 121.86 feet along a
curve to the left, said curve having a chord of South 54 degrees 56 minutes 26 seconds West
121.53 feet and a radius of 478.03 feet to a point; thence 109.30 feet along a curve to the left,
said curve having a chord of South 40 degrees 49 minutes 18 seconds West 108.88 feet and a
radius of 359.79 feet to a point; thence 38.18 feet along a curve to the left, said curve having a
chord of South 26 degrees 57 minutes 01 seconds West 38.12 feet and a radius of 211.59 feet to
a point at the intersection of said R/W line and the Northeast R/W line of Pebblebrook Lane
(50' R/W); thence following said R/W line of Pebblebrook Lane North 59 degrees 25 minutes
52 seconds West, a distance of 93.35 feet to a point; thence 126.34 feet along a curve to the
right, said curve having a chord of North 57 degrees 53 minutes 41 seconds West 126.33 feet
and a radius of 2360.32 feet to a point at the intersection of said R/W line and the West line of
Land Lot 398; thence following said Land Lot line North 01 degrees 10 minutes 17 seconds
East, a distance of 55.56 feet to a point at the common corner of Land Lots 394, 395, 398 and
399; thence following the West line of Land Lot 399 North 01 degrees 11 minutes 55 seconds
East, a distance of 1461.81 feet to a point at the common corner of Land Lots 393, 394, 399
and 400; thence following the North line of Land Lot 399 South 82 degrees 21 minutes 13
seconds East, a distance of 1237.16 feet to a point at the common corner of Land Lots 399,
400, 465 and 466; thence following the West line of Land Lot 465 North 00 degrees 12 minutes
58 seconds West, a distance of 1527.47 feet to the POINT OF BEGINNING.
Said tract contains 381.619 acres or 16623327 square feet.
Legal Description:
All that tract or parcel of land lying and being located in Land Lot 466, 17' District, 2'
Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a '/2" rebar set on the Southerly right of way (R/W) line of Pebblebrook Road
(50' R/W), at its intersection with the West line of Land Lot 466; thence following said R/W
line 24.97 feet along a curve to the right, said curve having a chord of North 41 degrees 29
minutes 03 seconds East 24.97 feet and a radius of 2646.82 to a point; thence North 41 degrees
45 minutes 16 seconds East, a distance of 445.05 feet to a point; thence 41.99 feet along a
curve to the right, said curve having a chord of North 42 degrees 40 minutes 57 seconds East
41.98 feet and a radius of 1295.93 feet to a 1/2" rebar set; thence leaving said R/W line South
01 degrees 29 minutes 16 seconds West, a distance of 1000.12 feet to a 1.5" open top pipe
found on the South line of Land Lot 466; thence following said Land Lot line North 89 degrees
38 minutes 49 seconds West, a distance of 330.53 feet to a 1" crimped to a pipe found inside a
1.5" open top pipe at the common corner of Land Lots 398, 399, 466, and 467; thence
following the West line of Land Lot 466 North 01 degrees 24 minutes 17 seconds East, a
distance of 616.35 feet to the POINT OF BEGINNING.''"�
Said tract contains 6.146 acres.
November 16, 1998 meeting - continued
(E) Approval of The Segal Company's Recommendation for Alternative Retirement Plan
Communication Program
Mr. Smith stated the most recent budget authorized the Human Resources Department to go out
for bids to study the city's retirement program to determine if it needed improving or to see if it
could be improved. He stated an actuarial study is a very important and complicated
undertaking and the bid was awarded to The Segal Company some months ago. Mr. Smith
stated The Segal Company came back and made a recommendation through the Human
Resources Committee, which the committee endorsed, and sent it back to the Mayor and
Council. Mr. Smith stated the city has since met with the Segal Company in a work session
and reviewed their proposal. Mr. Smith stated the council has asked the city to go forward
with explaining this particular proposal to the employees for their review, consideration and
possible endorsement. Mr. Smith stated this item is a proposal which will provide for The
Segal Company to develop a communications campaign to explain this in very clear and concise
and very detailed fashion to all the employees of the city. Mr. Smith stated The Segal
Company has proposed to develop an actuarial statement for each employee that will compare
the present retirement program and what benefits they would enjoy under it at retirement
against a new retirement program so they could see exactly where they would stand at
retirement and would know clearly what decisions they would be making involving face to face
meetings with employees. Mr. Smith stated The Segal Company has proposed to develop some
customized brochures and information to help explain the program in a general way and could
be used for all future employees the city will try to recruit.
Councilman Wood stated The Segal Company has completed the comprehensive actuarial study
of the city's retirement plan and has made those recommendations. Mr. Wood stated in order
for this plan to be implemented the city must provide the employees with the information they
need to make an informed decision about whether or not to enroll in the alternative plan or
whether to remain in the existing plan. Councilman Wood stated he feels the plan
improvements enhance everyone in the city's retirement plan but is a decision each employee
will have to make. Mr. Wood stated the Human Resources Committee is recommending that
the city engage the services of The Segal Company to develop and implement this
communications program. He further stated the program includes a personalized comparative
benefits statement for each employee and in this way each employee can compare the new and
old formula so that they can see what it really means in dollars and cents to them. Councilman
Wood stated both City Administrator Howard Smith and Human Resources Director Chris
Corey have reviewed the proposal and are recommending approval. Councilman Wood made a
motion to approve The Segal Company's recommendation for an alternative retirement plan
communications program. Councilman Cramer seconded the motion. Mr. Smith asked Mr.
Corey to explain why it is important for an outside company to perform this service as opposed
to it being done in-house. Mr. Corey stated he would like to clarify the fact that this is for
approval of a communications campaign and not of an actual retirement plan. Mr. Corey
continued that this is probably the most critical step of the process and that is communicating
this information to the employees - employee's perception as far as the plan is concerned is
very important as well as their understanding the plan. Mr. Corey stated by having the plan
done by an independent, or outside, organization aids in the process as far as reducing
employee controversy as nothing could be misconstrued. Mr. Corey states it sends a much
more effective message to the employees and will answer any questions they may have.
Councilman Cramer asked Mr. Corey if The Segal Company will sit down with each and every
employee and discuss the plan with them. Mr. Corey responded that was correct and meetings
will be held with each employee at which time any questions can be answered. Councilman
Hawkins stated this is the same company that is managing the plan for Cobb County and they
did an educational blitz with the County. Councilman Hawkins stated that 99% of the County
employees elected to participate in this proposed program. He further stated the employees are
now able to contribute part of their pay toward their own retirement. Councilman Hawkins
stated he endorses the plan. Councilman Newcomb stated if the Mayor and Council approve
the retirement plan as reviewed, he feels it will be a very positive step on the part of the city
towards the retirement package provided to the employees and feels it is very important that it
be communicated accurately. He then asked Mr. Smith and Mr. Corey if they think the fee for
this service is a reasonable price and they responded it is. Councilman Scoggins stated there
has been a lot of talk going on for about a year and if this issue is approved when will the
actual work on the communications program begin. Mr. Corey responded that through
conversations with Jeff Johnson, who is spearheading this campaign, the first step in this
process is an actual work plan and next would be the brochures that will go to the employees
and the personalized statements which will probably be February to March. Mr. Corey further
stated the purpose of that is that this is a step-by-step process and they want to make sure the
November 16, 1998 meeting - continued
information is fresh in the employees' mind as far as the information that is being
communicated to them. Mr. Corey stated the last and most critical part is the employee
meetings. Mr. Smith stated that the timetable or schedule the city is shooting for is so that this
plan be put in place on July 1, 1999; the plan implemented with the next fiscal year with the
first employee under this plan, assuming that the city stays on this timetable, being able to
retire January 1, 2000. Motion to approve The Segal Company's recommendation for
alternative retirement plan communication program was approved 5-0-1 (Councilwoman
Capilouto was out of the room during the vote and Mr. Lnenicka opposed).
COMMERCIAL BUILDING PERMITS:
There were none.
BID AWARDS:
(A) Bid Award (Bid #98074) - Spring Road Landscape Buffer (RN)
Councilman Hawkins stated eleven requests for bids were solicited and only one bid was
received. Mr. Hawkins stated the committee feels the bid received was a little bit high and the
committee is recommending rejection of the bids and the item be re -bid. Councilman
Newcomb seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was out
of the room during the vote). Councilman Newcomb stated on the Spring Road Linear Park
there are basically three phases to the landscaping; one is the median and the median is soon to
be planted by Cobb County; another part is the buffer that is the part of the park that is closest
to the folks that still live there to screen them from the road; and the third part is the
hardscaping - the sidewalk and other plantings in the linear park. Mr. Newcomb stated this
was a bid tonight for the buffer part but as Mr. Hawkins stated the city will go back out and
find another plan to do this for a more economical price. He stated this is not putting the
project off but is just going out for a better proposal. Mr. Hawkins stated the city is not
backing off the project but the city feels it can be done just as well for a little less money.
Councilman Newcomb stated some people have commented to him that they are aware the
defeat of the 1 % Local Option Sales Tax for Road Improvements is a real blow to the funding
source for the linear park but the Mayor and Council remain committed to doing as much as
they can but the actual dollar figure that can be put on it at this time is substantially reduced
from what it would be with the 1 %. Councilman Newcomb stated the city will have to talk a
lot about this in the coming year with the voters and revisit that perhaps. Mr. Newcomb stated
the buffer and the median will proceed.
(B) Bid Award (Bid #98076) - Chassis Mounted Leaf Vacuum Truck - Public Works
Department
Councilman Hawkins stated eight bids were solicited with two vendors responding.
Councilman Hawkins stated the Public Works Committee and the Purchasing Agent have met
and the bids have been reviewed and it is their recommendation to award the bid to the low
bidder - Mack Sales of Atlanta. Councilman Hawkins made a motion the bid for a chassis
mounted leaf vacuum truck for the Public Works Department be awarded to Mack Sales of
Atlanta, the low bidder meeting specifications, for a total delivered price of $71,500 and a
delivery date of 120 days. Councilman Cramer seconded the motion. Motion was approved
7-0.
(C) Bid Award (Bid #98077) - Unit Pricing on Water and Sewer Line Replacements and
Installations - Public Works Department
Councilman Hawkins stated the Public Works Committee authorized six vendors to receive bids
and only two responses were received. He further stated this bid is for unit prices for fittings,
couplings, etc., for water and sewer line replacements and installations. Councilman Hawkins
stated the Public Works Department has an annual budget of about $300,000 in the
Water/Sewer fund to do repairs and upgrades to the city's water and sewer repairs. He stated
this bid is for unit price on all this type work and the successful bidder, when projects arise,
will be awarded the project. Councilman Hawkins stated the Public Works Committee and the
Purchasing Agent recommend the bid be awarded to the low bidder meeting specifications -
Ralph Ardito Ditching and Pipeline Company. Councilman Hawkins made a motion the bid for
unit pricing on water and sewer line replacements and installations be awarded to Ralph Ardito
Ditching and Pipeline Company. Councilman Wood seconded the motion. Motion was
approved 7-0.
November 16, 1998 meeting - continued
(D) Bid Award - Construction of Headquarters Fire Station and Authorize Mayor to Sign
and Execute Necessary Documents
Councilman Newcomb stated bids were solicited from four vendors for construction of the new
fire station from pre -qualified bidders. Councilman Newcomb stated the low bidder meeting
specifications was Choate Construction for the total cost of $2,015,034.00 with a completion
date that meets the city's schedule. Chief Larry Williams stated they are very excited about
this project and that the bids received were within budget, within the desired time frame and the
builder is a quality builder. Mr. Mike Grier, representing Sizemore Floyd Architects, stated
four bids were solicited and they were pleased to receive bids from all four vendors.
Councilman Newcomb stated everyone who has reviewed the bids is in agreement that the bid
should be awarded to Choate Construction Company. Councilman Newcomb stated there will
be a substantial completion date of July, 1999, with a walk-through in August. Mr. Grier
stated they actually had put in the bid that the city needed to have a substantial completion date
of August 7, 1999, for tours for the Smyrna anniversary and the contract indicates a final
completion date of July 27, 1999. Councilman Newcomb made a motion to award the bid for
the construction of the headquarters Fire Station to Choate Construction for $2,015,034 and
authorize the Mayor to sign and execute the necessary documents. Councilman Cramer
seconded the motion. Councilman Newcomb stated the building at the new location of the fire
station has been demolished and the lot is being cleared. Motion was approved 7-0.
CONSENT AGENDA:
(A) Approval of November 2, 1998, Minutes
(B) Approval to Use Council Chambers - Thursday, November 19, 1998 - 6:30 - 9:30
p.m. - Ward 6 Meeting (Vinings Forest Homeowners Association)
(C) Approval to Use Council Chambers - Monday, November 30, 1998 - 6:30 - 9:30 p.m.
- Ward 2 Meeting
(D) Approval to Advertise for the Abandonment of a Portion of North Mathews Street
(E) Approval of Resolution - Solid Waste Management Short Term Work Program
(F) Approval to Request Bids - Rock Hound Attachment for Skid Loader - Public Works
Department
(G) Approval to Request Bids - Replacement 2-Ton Dump Truck (Replace Unit #51) -
Public Works Department
(H) Approval to Request Bids - Water/Sewer Service Truck (Replace Unit 28) - Public
Works Department
(I) Approval to Issue Request for Proposals for Software - Court Service and Fire/Rescue
Departments, E-911 Center, Police Records and Jail
(J) Approval to Close Ridgecrest Road from Concord Road to Sharon Circle - 12:30 -
5:00 p.m. on Saturday, November 21, 1998 (Block Party)
(K) Approval of Funds for Elmwood Drive Detention Pond Project
Councilman Scoggins made a motion the consent agenda be approved. Councilman Wood
seconded the motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilman Wood asked Chris Corey for a report from the Human Resources Department.
Mr. Corey announced the city's current job openings. Mr. Corey announced the location of the
job postings (Human Resources Department area) and stated the city also has a job hotline and
announced that number. City Administrator Howard Smith officially welcomed Mr. Corey
back to the city. Councilman Wood stated Chris worked for the city for approximately five
years and left to accept a position with another company. Mr. Wood further stated when the
position of Director of Human Resources became vacant, Mr. Corey applied for the position
and was selected to fill the position.
Councilman Lnenicka announced he is having the Vinings Forest Homeowners Association
meeting November 19 at 7:00 p.m. in City Hall and he encouraged all interested persons to
attend and stated he is looking forward to meeting with them.
Councilman Lnenicka stated he feels the newly formed Veterans Memorial Committee is going
very well.
November 16, 1998 meeting - continued
Councilman Cramer stated the first Veterans Memorial Committee meeting was held on
Monday, November 9, and over 40 persons were in attendance at the meeting. Councilman
Cramer stated this memorial will be designed and placed in the city will honor the veterans who
have served our country. Mr. Cramer stated Megan Reisner, Marietta Daily Journal, had
recently done an article on the two Gold Star mothers who attended the first meeting, Lillian
Tallman and Evelyn Duncan, who both lost sons in the military.
Councilman Lnenicka stated people all over Cobb County are excited about the Veterans
Memorial project and it will be privately funded and will not be funded from the taxpayers.
Councilman Cramer recognized Al Cochran, who is a member of the committee, and stated
Mr. Cochran had been a prisoner of war during the Korean Conflict. Mr. Cramer stated he is
honored to serve as Chairman of the Committee and stated he feels this will be a successful
campaign.
Councilman Hawkins asked Robin Broyles for a report from the Community Development
Department. Mr. Broyles reported on the October statistics for his department - estimated
construction costs last year at this time were $63,134,000 and year to date so far the costs is
$89,482,000; actual building permit costs for last year were $303,000 and so far this year the
costs is $322,000. Councilman Hawkins asked Mr. Broyles to report on a recent meeting
attended jointly by the City and representatives from Cobb County to discuss the preservation
of trees and the comparison of ordinances regulating tree removal for proposed developments.
Mr. Broyles reported that a lot of ideas and plans were discussed at the meeting but the main
thing they hope to accomplish is everyone will be uniform in the tree preservation ordinance.
Mr. Broyles reported there will be another meeting within the next two weeks and additional
ideas will be discussed. Mr. Hawkins asked Mr. Broyles if what the city is enforcing (tree
ordinance) is in line with what everyone else in the county is doing and Mr. Broyles responded
that is correct. Councilman Hawkins asked Mr. Broyles to keep the council informed on the
progress of these meetings. City Administrator Howard Smith asked Mr. Broyles to comment
on the city and County's Land Use Resolution Dispute Agreement which involves the city
working with the County through the Comprehensive Land Use Plan. Mr. Broyles reported
that the working relation with the county and city staff at the first annual retreat was excellent.
Mayor Bacon stated the original intent of House Bill 489 was to get the cities and counties to
work together. Mayor Bacon stated he felt the recent denial (by Cobb County) of a rezoning
petition on Oakdale Drive was a result of this working relationship. Councilman Newcomb
stated he wanted to encourage Mr. Broyles in his discussions with the County and the cities that
one fundamental weakness in the (tree) ordinance that everyone wants to see improved is that
the developer should not be allowed to go in and knock down everything and replace it with x-
number of units and have satisfied the ordinance. He stated he felt there has to be some
provision for the preservation of some of the old or original trees on the property.
Councilman Hawkins asked Scott Stokes for a report from the Public Works Department. Mr,
Stokes announced a mass mailing of the new sanitation schedule was sent out in the middle of
October and announced if residents need another copy of the schedule they can contact the
Public Works Department, or pick one up at city Hall or the Keep Smyrna Beautiful office.
Mr. Stokes encouraged everyone to pay particular attention to the leaf program as there are
only certain weeks that leaves are picked up in each neighborhood. Mr. Stokes announced the
city no longer has a pump station on West Cooper Lake Road and now only has one pump
station in the city and it is located on Belmont Circle. Councilman Hawkins commended Mr.
Stokes on the schedule recently mailed out.
Councilman Hawkins asked Ann Kirk for a report from the Keep Smyrna Beautiful
Department. Ms. Kirk also commended Mr. Stokes on the recently mailed out schedule and
letter. Ms. Kirk reminded citizens that if they do not want to leave their leaves out for pick-up,
they can bag the leaves and the sanitation department will pick them up on Wednesdays. Ms.
Kirk thanked the Mayor and Council for passing the buy recycled products resolution at the last
council meeting. Ms. Kirk expressed her appreciation to Jack Millet, the Purchasing Agent,
for his work on supporting and drafting the resolution. Ms. Kirk reported November 15 was
America Recycles Day and the deadline for pledge cards to be sent to her is November 20.
Ms. Kirk stated if anyone wants to sign a pledge card, stating they will buy something recycled
or promote recycling in some other way, and send it to her, their name will be placed in a
drawing for prizes to be given away in the State of Georgia and they will also be eligible for a
$250,000 home. Ms. Kirk reported the cards are available at the Library. Ms. Kirk reported
on the recycling report for the month of October - citizens in Smyrna recycled 93.69 tons for
savings of $2,798 and had a 69% recycling rate. Ms. Kirk stated that to -date, in this fiscal
November 16, 1998 meeting - continued
year, the taxpayers have saved themselves $11,258.57. Ms. Kirk reported Jonquil bulbs are
still available at Reeves Garden Shop, Burger's Farm Market and at the recycling center. Ms.
Kirk stated the Keep Smyrna Beautiful award mentioned earlier would not be possible without
the board members and the excellent volunteers who assist in that effort.
Councilman Scoggins asked Maryclaire Andres for a report from the Community Relations
Department. Ms. Andres reported the recent Jonquil Fall Festival was very successful and
expressed her appreciation to everyone involved in the festival. Ms. Andres reported the city
newsletter will go out in December and will have a list of the 1999 events on the back page and
will be mailed with the water bill. Ms. Andres reported the Aunt Fanny's Recipe Book is still
in the works and should be available for purchase at the Welcome Center when it opens. Ms.
Andres reported the city is participating in the Character Education Program and Mayor Bacon
has been asked to read to some of the elementary schools. Ms. Andres announced that if any
schools were interested in inviting the Mayor to come and read to the children they should
contact her and she would schedule a time.
Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation
Department. Mr. Ciaccio announced the Coming Home for Christmas Parade and tree lighting
ceremony is scheduled for Tuesday, December 1, beginning at 7:00 p.m. and choral
performances will be on the Village Green at the Community Center, in the Library and in City
Hall; Santa Claus will receive guests after the tree lighting and on December 5, 12, 13 and 19
through 24. Mr. Ciaccio stated there is some artwork done by the Campbell High School art
students which is on display at the Community Center and he encouraged everyone to come by
and see it. Mr. Ciaccio announced the Community Center will be closed beginning at mid -day
on December 24 through January 1, 1999, and will re -open on January 2.
Councilman Scoggins asked Michael Seigler for a report from the Library. Mr. Seigler
reported the Library circulated 13,496 items last month which is a 2.7% increase over the same
time last year; 14,238 patrons visited the Library last month; answered 1471 reference
questions; 718 patrons signed up for the Internet who visited approximately 32,000 sites and he
stated he feels it is time for him to add another Internet station. Mr. Seigler announced Susan
Gardner has a display of pastels in the Library; Helen Wile has an exhibit of her sculpture.
Mr. Seigler stated this is National Children's Book Week and the Library is hosting special
programs daily. Mr. Seigler stated they will have carolers in the Library on December 1
during and after the parade and will serve refreshments. Mr. Seigler announced the Friends of
the Library have held two fundraisers - the Mystery Dinner Theater and a book sale - and have
raised $2200 and will hold another fundraiser on December 12 and 13 - a book fair. Mr.
Seigler apologized for incorrectly thanking the Bennett Woods Garden Club for the table
decorations during the Mystery Dinner Theater and stated the flowers were provided by the
Jonquil Garden Club.
Councilman Newcomb asked Chief Williams for a report from the Fire Department. Chief
Williams stated the city has received a grant for additional equipment for the warning sirens.
Chief Williams stated Cobb County also received a grant and as part of the County's grant,
they plan to "zone" the county which will actually eliminate unaffected parts of the County
from hearing the warning sirens during inclement weather. Chief Williams stated it will
probably be the year 2000 before the actual "zoning" will be in effect. Howard Smith wished
Chief Williams a happy birthday. Councilman Lnenicka asked the Chief if the city will ever
have any burn days for the citizens who wish to burn their leaves. Chief Williams responded
there are none scheduled or planned at this time but the issue will be discussed and there may
possibly be an announcement at the next meeting concerning "burn" days.
Councilman Newcomb asked Chief Hook for a report from the Police Department. Chief Hook
stated they will conduct their interview process for applicants for the Records Clerks and hope
to make a decision by the end of the week. He also stated they will be conducting final
interviews for Police applicants today. Chief Hook announced Larry Wood will be attending a
two-day seminar hosted by the National Institute of Justice in Chicago concerning the collection
and preservation of evidence. Chief Hook cautioned the citizens about flimflam operations that
are currently taking place in Smyrna. Councilman Newcomb stated there had been a recent
positive article about "the Protector" statue at the Police Station and further stated the statue
was fashioned after Captain David Farmer. Councilman Newcomb commended the Police
Department on the recent Grand Jury presentments. Councilman Newcomb stated there was no
report from the Court Services Division this evening.
November 16, 1998 meeting - continued
Councilman Newcomb announced there will be a general informational Ward 2 meeting on
Monday, November 30, 1998, at 7:00 p.m. in the Council Chamber at City Hall, and
encouraged the citizens of his ward to attend.
ADJOURNMENT
With no further business, the meeting adjourned at 9:35 p.m.
A. MAX BACON, MAYOR MELINDKI)AMERON, CITY CLERK
CHARLENE CAPIL UTO, WARD 1 RON NEWCOMB, WARD 2
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CHARLES PET WOOD, WARD 7
AMES M. 1 ,,I
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