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06-07-1999 Regular MeetingJune 7, 1999 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 except for Councilwoman Capilouto who was ill. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, Parks and Recreation Director Steve Ciaccio, Budget Analyst Greg Van Antwerp, City Attorney J. Al Cochran, and representatives of the press. Invocation was given by Reverend Troy Todd, Noonday Baptist Association, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Shirley Bachus, Principal from Griffin Middle School, and Curt Johnston, School Board Representative. Ms. Bachus introduced the following students: Daisy Zavala, Howard Ford, Lindsey Cannon and Cherzonta Brantley. The students then gave a presentation on the Character Education Program word of the month "Accomplishment." Mayor Bacon recognized Chad Hogan and Nick Chilton who stated they would like to have a neighborhood cookout (for the residents on Medlin, McLinden and Dell Drive) on Saturday, June 26, from 4:30 p.m. to 7:30 p.m. and requested they be allowed to close the section of McLinden Avenue between Hollis and Evelyn for the cookout. Councilman Hawkins made a motion to suspend the rules for the purpose of voting on the closing of a portion of McLinden for the block party. Councilman Cramer seconded the motion. Motion to suspend the rules was approved 6-0 (Councilwoman Capilouto was absent). Councilman Hawkins made a motion to approve the closing of McLinden Avenue (between Hollis and Evelyn) on Saturday, June 26, from 4:30 p.m. to 7:30 p.m. for the purpose of the residents having a block party. Councilman Newcomb seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). Mayor Bacon recognized Steve Brown, 3258 King Springs Road, who asked the council to consider reducing the speed limit on King Springs Road from 35 miles per hour to 25 miles per hour. Councilman Hawkins requested that he be allowed to ask Chief Hook to consider this request and comment on it and then place it on the agenda for the June 21, 1999, meeting. Mr. Brown stated he would appreciate the consideration of reducing the speed limit. PUBLIC HEARINGS: (A) , Alcoholic Beverage License Request - El Pastoracito - 350 Pat Mell Road - Retail Pouring of Beer and Wine Mr. Smith stated this request is for an owner/agent change and Mr. Ui Kyong Kim will be the agent for this establishment. Mr. Smith stated Mr. Kim has been given a copy of the Alcoholic Beverage License Ordinance and it has been reviewed with him by the Business License Officer. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of this license and further stated this item has been tabled from two previous meetings. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was no opposition. Councilman Cramer asked Mr. Kim to describe the type of business he planned to operate and Mr. Kim responded it is a Mexican restaurant. Mr. Cramer asked Mr. Kim if he has previously been in the food -service business and Mr. Kim responded he has. Councilman Cramer asked Mr. Kim if he has read and understands the Ordinance and he responded he did. Mr. Cramer asked about the training for the employees as far as asking for identification. Mr. Kim responded they have a one or two -week training program and he will be the full-time manager. Councilman Cramer informed Mr. Kim the city does conduct sting operations. Mr. Cramer stated the reason this item was previously tabled was due to some confusion in the Secretary of State's office and that has been cleared up and the Police Department investigation revealed nothing that would preclude the issuance of the license to the applicant. Councilman Hawkins made a motion that the alcoholic beverage license request for the retail pouring of beer and wine at El Pastoracito - 350 Pat Mell Road - with Mr. Ui Kyong Kim as the agent be June 7, 1999, meeting - continued approved. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (B) Variance Request - 2125 Old Concord Road - Reduce Both Street Setbacks from 40 Feet to 30 Feet and Reduce Rear Yard Setback from 50 Feet to 40 Feet Mr. Smith stated Items (B) and (C) are related and will be addressed together but voted on separately. Mr. Smith stated the variance requests are for M.U.S.T. Ministries to allow them to build a new building. The reduction in setbacks will allow them to build a larger building on the site. Mayor Bacon recognized Bill Hamilton who was present on behalf of M.U.S.T. Ministries. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the variance request. There was no opposition. Councilman Cramer asked Mr. Hamilton to briefly explain the purpose of M.U.S.T. Ministries and why the variances are being requested. Mr. Hamilton stated M.U.S.T. Ministries is an ecumenical agency that helps the homeless, helpless and sometimes the hopeless. He further stated their original intent was to rehab the current building but once they discovered the condition of the building, it was determined that it would be more economically feasible to demolish that structure and build a new facility. Mr. Hamilton stated in order to build the size building needed at that location, they need the variance from the rear yard setback of 50 feet to 40 feet and from 40 to 30 feet on the sides and front. Councilman Cramer stated for the record we have signatures from the adjacent property owners stating they have no objections to the variances being requested and further noted all the adjoining properties are commercial. Councilman Scoggins asked Mr. Hamilton if they had an estimated start date for the project and Mr. Hamilton responded if the variances are approved this evening, he feels certain the contract will be let in thirty days and in sixty days there will progress on the site. Councilman Newcomb asked about elimination of the grass strip at the proposed site. Mr. Newcomb asked Mr. Hamilton to describe how that is going to look. Mr. Hamilton stated the parking lot will be accessed directly from the street, then a sidewalk and there will be a nine or ten foot grassy strip between the parking lot and the building and further stated they could not put the grassy strip on the outside of the parking area because of the grade on the front side of the lot. ti Councilman Cramer made a motion that the variance request at 2125 Old Concord Road to reduce both street setbacks from 40 feet to 30 feet and to reduce the rear yard setback from 50 feet to 40 feet be approved. Councilman Wood seconded the motion. Motion was approved 6- 0 (Councilwoman Capilouto was absent). (C) Variance Request - 2125 Old Concord Road - Reduce Required Grass Strip Along the Right of Way from 10 Feet to 0 Feet See narrative above. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Cramer made a motion that the variance request at 2125 Old Concord Road to reduce the required grass strip along the right-of-way from 10 feet to 0 feet be approved. Councilman Wood seconded the motion. Motion was approved 5-1 with Councilman Newcomb opposed (Councilwoman Capilouto was absent). (D) Rezoning Request - Argo Road and Lewis Drive (2.96 Acres) Land Lot 617 - From R- 20 to RAD-Conditional Mr. Smith stated this request is for property to be added to the Woodland Brook subdivision at Camp Highland Road and will become part of 36.54 acres that has already been rezoned and annexed into the city. Mr. Smith stated the density in this portion will be 3.42 units per acre and will require a land use change as well. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. There was no opposition. Mayor Bacon recognized Mr. Neal Peavy who displayed a plat of the property. Mr. Peavy indicated on the plat the 2.96 acres of property that was acquired after the original acreage was purchased. Councilman Wood stated on March 15,1999, the city rezoned approximately 34 acres at this location for 121 homes. He then stated this subdivision is to be known as Woodland Gate which is in the same proximity as Woodland Brook but is a new subdivision by the same developer. Mr. Wood stated at the time the property was rezoned and annexed in March, the June 7, 1999, meeting - continued city was made aware that there were other negotiations to add some property to the development but they were not finalized at that time. Mr. Wood stated what Mr. Peavy is bringing before the Council this evening is a request to rezone the property (2.96 acres) and the total acreage will be 36.54 acres. Councilman Wood stated essentially all this was done on March 15, 1999, and this is an addition to that. Councilman Wood stated this item has been before the Planning and Zoning Board. Councilman Wood asked Mr. Peavy to describe what they are proposing for the site. Mr. Peavy stated Woodland Brook is to the north and the homes in this subdivision will be a little bit more upscale than Woodland Brook - probably $50,000 to $70,000 increased price per home and the area indicated on the plat is where the entrance will be. He further stated they will have a nice gate for the Woodland Gate subdivision and they already have the builders who have agreed to purchase the lots - Ryland Homes and Highland Homes. Councilman Wood stated for the record there is a letter on file from the Cobb County Board of Commissioners that they have no objections to the city annexing this property. Councilman Wood further stated the Planning and Zoning Board unanimously approved and recommended this request. Mr. Wood stated the original number of lots in the March 15 stipulations will change from 121 lots not to exceed 125 lots and if there is a portion of the development abuts the Kenwood Subdivision there will be a requirement for a privacy fence as stipulated March 15, 1999. Councilman Wood made a motion that the rezoning request at Argo Road and Lewis Drive (2.96 acres) in Land Lot 617 from R-20 to RAD-Conditional be approved with the zoning stipulations placed on the property at the March 15, 1999, meeting applicable to the property in this part of the development as well. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (E) Land Use Change - Argo Road and Lewis Drive (2.96 Acres) - Land Lot 617 - From Industrial Compatible Area to Medium Density Residential See narrative above. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the land use change. There was no opposition. Councilman Wood made a motion that the land use change on Argo Road and Lewis Drive (2.96 acres) in Land Lot 617 from Industrial Compatible Area to Medium Density Residential be approved. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (F) Variance Request - 3519 Westbrook Drive - Reduce Side Yard Setback from 10 Feet to 5 Feet Mr. Smith stated Items (F) and (G) pertain to the same property and will be addressed jointly but voted on separately. Mr. Smith stated the applicant is requesting the variances in order to allow the property owner to build a two -car garage to make the house more accommodating to the lifestyle people enjoy today. Mayor Bacon recognized the property owner, Mr. Lee Eubanks, and stated this is a public hearing and asked if anyone was present in opposition to the variance requests at 3519 Westbrook Drive. There was no opposition. Councilman Hawkins asked Mr. Eubanks to explain why the variances are needed. Mr. Eubanks stated when the homes were built there was only a one -car carport for most of them and most of them, this one included, have been enclosed for a den or screened porches, etc. He stated the residents currently have to park in front of the house and he plans to put a drive to the left side of the house and put a nice two -car structure on the property to allow the residents to park inside a closed area. Councilman Hawkins stated he thinks the addition of a garage at this location will improve the neighborhood and further stated he had asked Mr. Eubanks to obtain the signatures of the adjacent neighbors stating they have no objection to this variance, which he has done. Councilman Hawkins made a motion that the variance request at 3519 Westbrook Drive to reduce the side yard setback from 10 feet to 5 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (G) Variance Request - 3519 Westbrook Drive - Oversized Garage See narrative above. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Hawkins made a motion that the variance request at 3519 Westbrook Drive to build an oversized garage totaling 576 square feet (24 feet x 24 feet) be approved. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). June 7, 1999, meeting - continued (H) Variance Request - 3968 Harmony Walk Way - Reduce Rear Yard Setback (for an accessory structure) - From 5 Feet to 2 Feet Mr. Smith stated the applicants state they did not realize they needed a permit to build an accessory structure and the structure is already in existence. Mr. Smith stated the applicants are requesting the variance to be in compliance with the City's ordinance. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Wood asked the applicant, William Hairston, to briefly describe what happened and why the variance is necessary. Mr. Hairston stated he was not aware they had to obtain a building permit before building an accessory structure and was not aware of the rear yard setback of 5 feet. Mr. Wood stated the building is in place on the property and is not readily movable. Mr. Hairston stated he has obtained the signatures from the subdivision behind his property, which is the property he is intruding on. Councilman Wood stated for the record that Mr. Hairston has obtained a signature where he has notified a contiguous occupant and land owners (Bentley Park Subdivision) and they have indicated this is acceptable to them. Councilman Wood made a motion that the variance request at 3968 Harmony Walk Way to reduce the rear yard setback for an accessory structure from 5 feet to 2 feet be approved. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (I) Approval of FY 2000 Budget Mr. Smith stated the proposed budget presented tonight is a consolidated budget of $35,259,782 and represents a General Fund expenditure budget of $25,089,994; Special Revenue budget of $1,459,538; Water/Sewer budget of $8,710,250. Mr. Smith stated this represents an overall comparison of .31 %, less than '/2 percent, increase over the previous year. Mr. Smith stated the budget reflects a proposed millage decrease. Mr. Smith stated the following: revenue for the General Fund - property taxes account for 37 % or $9,160,000; other forms of taxes - $6,144,000 representing 24%; licenses and permits - 7% or $1,793,647; fines and forfeitures - 9% or $2,159,000; sales and service charges collected by the city - $4,043,500 representing 6%; miscellaneous income of $1,789,847 accounting for the General Fund revenues; Water/Sewer income will match the projected $10,250,000 in expenditures; Special Revenue fund coming from CDBG funds and other such sources would match the $1,459,538 in expenditures. Councilman Lnenicka stated this is a public hearing and Mayor Bacon asked if there is anyone present who would like to make any public comment concerning the proposed adoption of the FY 2000 budget. There was no public comment. Councilman Lnenicka stated he would like to go through some of the highlights of the budget. He commended the Mayor and Council for their support of the budget, for the goal setting and for setting the priorities that go into the process of coming up with the budget every year. He also commended Howard Smith, Claudia Edgar and Greg VanAntwerp for the preparation of the budget. He also commended the department heads, staff, and employees of the city in their solid planning, sound, conservative money management and very solid control of expenses. Mr. Lnenicka stated out of the thirty-nine and a quarter million dollar budget, the money allocated to personnel services is 46% of the total, operating expenditures are 49% and this year capital expenditures are 5%. Mr. Lnenicka stated the General Fund is actually going up $1,062,000 or a change of 4.42%; Special Revenue Fund primarily impacted by the loss of the 1 % sales tax revenue for roads is down $1,407,408 which is almost half - 49.10% less than last year; Water/Sewer fund is up $455,000 or plus 5.51 % and the overall budget is up plus .31 %. Mr. Lnenicka reviewed the expenditures as follows: total general government expenditures are up 4.68 % which represents 36 % of the budget and includes a lot of money allocated and transferred for water and other uses; public safety is up 2.84% representing 32% of the total; total community service down 7.2 % representing 10 % of the total and public works is 22 % of the total down 6.08% so the overall average is plus .31 %. Mr. Lnenicka stated this budget represents a significant commitment by the Mayor and Council to a program they try to honor every year but some years they tend to peak more than others and this is a peak year where a lot of money is being devoted to the employees of the city. Mr. Lnenicka stated if you look at regular salaries - full-time salaries - the budget is up 9% which represents a small amount of new addition but a lot of money given to make the positions more competitive in the market; part-time salaries are up 12% which is not so much new positions but making sure the folks are June 7, 1999, meeting - continued paid competitively; employee retirement is up 55 %; employee insurance is up 13 %; longevity pay is up almost 12 % and he stated these are the largest amounts of increases in the budget and represent the commitment of the Mayor and Council to recognize and reward the employees. Mr. Lnenicka referred to the capital expenditures and stated this represents only 5 % of the budget but there are some significant items in there - $360,000 of capital expenditures for the Police Department; Fire Department Emergency Services/Emergency Management has $105,000; Parks facilities and programs $153,000; public works up $263,000; water/sewer - $119,000 worth of improvements and he further noted that the council had the foresight not to spend all the 1 % road tax money that has been received in past years and actually put a good bit of that money away on the premise that the tax might not get renewed but our need for those funds would remain. Councilman Lnenicka stated in this budget is $400,000 of 1 % sales tax road improvement money to fund the continuing needs of the city for road improvements and repairs. Councilman Lnenicka stated in the Community Development Block Grants is $230,000 of money allocated from there. New position requests are not a large amount with a total of six full-time positions, three of which represent a shift from 1 % road tax money to the General Fund - two full-time Laborer II's and a full time Light Equipment Operator in the Public Works Department to maintain the streets and right-of-ways of the city. Mr. Lnenicka stated the city has also budgeted a full-time meter technician (meter reader) and a full-time detective to the Police Department; new position for a full-time building maintenance supervisor; two part-time positions - a P.C. Analyst in the Information Systems group and a part-time Welcome Center Coordinator, and part-time summer maintenance and urban repair force workers (SMURFS) to help maintain the streets and right-of-ways and other public projects. Councilman Lnenicka stated the proposed budget tonight reduces the millage rate from 11.2 to 11.1 but the final actual figure will be set based on the information the city receives from the County tax digest later this summer - usually in August or September. Mr. Lnenicka stated the city has consistently reduced the millage rate since 1990. Councilman Scoggins commended the council on the work that has been done on the proposed budget. Councilman Hawkins stated he would like to comment about the personnel salaries portion of the budget and the statement that employee salaries had grown almost 9% in this budget. Mr. Hawkins stated he wanted to make it real clear to the employees that does not mean there is 9% in this budget for employee raises. He further stated that figure appears at 9% because back last year the council gave Public Safety employees a raise. Councilman Hawkins stated at that time, the council promised the other employees of the city that they would do a class and comp study again and compare our salaries to other municipalities our size and make adjustments at that time. Mr. Hawkins stated the 9% includes the raises already given to the Public Safety employees which jacks the number up and actually from the adjusted budget, had they adjusted the budget at the time they gave those raises, there is only about a 4% across the board put in the budget for employee raises for the year 2000. Mr. Hawkins stated he did not want anybody thinking that based on what Mr. Lnenicka said that personnel salaries were going to increase 9% in this budget or that everybody could possibly get a 9% raise and he further stated he could assure everyone that nobody would get a 9% raise. He stated that number is predicated on what has already been given to the Public Safety employees last year. Councilman Newcomb asked Budget Officer Greg VanAntwerp questions about the personnel services budget being up from $14.5 million to $16.1 million or 11 % and operating expenses being up 8.5 % or $1.4 million and if that is under the capital outlay reduction and what were the largest items in the capital outlay reduction. Mr. VanAntwerp responded there are always one-time items in capital outlay -- for example, fire trucks which can be substantial and also included in that would be the special revenues fund having substantial decrease in their capital outlay. For instance the CDBG and also the 1 % money with the road tax is substantially decreased for the fiscal year 2000. Councilman Newcomb asked approximately how much did the revenues increase this year versus last year and Mr. VanAntwerp stated about 7% or 8%. Mayor Bacon asked Mr. VanAntwerp if the finance department has very conservatively projected revenues and Mr. VanAntwerp stated the revenue projection has been done on a conservative basis. Councilman Scoggins asked about the cost of the fire trucks and Mr. VanAntwerp responded the FY2000 budget does not include any money for the purchase of fire trucks but the FY1999 budget did and therefore the decrease in the capital items; he then stated the FY1998 budget included a ladder truck and more recently the city will be purchasing three pumper/rescue trucks at about $850,000 per truck and 13 new police cars equating to about $284,000. Mr. VanAntwerp stated on behalf of himself and Claudia Edgar, he would like to express his appreciation to Mayor and Council, Howard Smith and all the department heads and budget contacts that have worked and compromised so diligently to make this the working document that is before council this evening. Councilman Lnenicka stated this is a very conservative budget and continues the millage rate reductions over this decade. Councilman Lnenicka made a motion that the proposed budget for Fiscal Year 2000, which includes a tentative millage rate June 7, 1999, meeting - continued of 11.10 be approved. Councilman Cramer seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). FORMAL BUSINESS: (A) Validate Petition to Annex Property - Pebblebrook and Buckner Roads (51.54 Acres) - Land Lots 542, 543, 610 and 611, 17"' District, 2nd Section, Cobb County, Georgia Councilman Wood stated Whitefield Academy recently acquired approximately 52 acres - 51.54 acres to be exact - at Pebblebrook and Buckner Roads as the location for their new campus and have filed an application for annexation into the City of Smyrna. Councilman Wood stated this is a very fine educational institution and is primarily a school that serves students in grades 6 through 12 with a Christian curriculum. Councilman Wood stated the school has applied for annexation and made a motion that petition for annexation be validated with a public hearing date be set for July 6, 1999, on the below described property. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). All that tract or parcel of land lying and being Land Lot 542, 543, 610 and 611 of the 17' Land District, 2' Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located at the intersection of the northeastern right-of-way line of Pebblebrook Road (having a 40-right-of-way width) and the generally northern right-of-way line of Buckner Road (having a variable right-of-way width); thence leaving the northern right- of-way line of Buckner Road, run along the northeastern and northern right-of-way lines of Pebblebrook Road the following six (6) courses and distances and following the curvature thereof: (1) along the arc of a 2,169.48-radius curve to the left having an arc distance of 141.49 feet to a point (said arc being subtended to a chord lying to the southwest thereof bearing North 35 degrees 53 minutes 38 seconds West and being 141.46 feet in length); (2) North 34 degrees O1 minute 32 seconds West a distance of 44.72 feet to a point; (3) along the arc of a 138.85- foot radius curve to the left having an arc distance of 116.06 feet to a point (said arc being subtended by a chord lying to the southwest thereof bearing North 57 degrees 58 minutes 16 seconds West and being 112.71 feet in length); (4) along the arc of a 738.71-foot radius curve to the left having an arc distance of 88.33 feet to a point (said arc being subtended by a chord lying to the south thereof bearing North 85 degrees 20 minutes 32 seconds West and being 88.27 feet in length): (5) North 88 degrees 46 minutes 04 seconds West a distance of 165.99 feet to a point; and (6) along the arc of a 1,782.39-foot radius curve to the right having an arc distance of 56.31 feet to a point located on the eastern boundary line of property now or formally owned by Roy Poss (said arc being subtended by a chord lying to the north thereof bearing North 87 degrees 51 minutes 45 seconds West and being 56.31 feet in length); thence leaving the northern right-of-way line of Pebblebrook Road, run along the eastern and northern boundary lines of the aforesaid Poss property the following two (2) courses and distances: (1) North 00 degrees 39 minutes 22 seconds East a distance of 386.60 feet to a point; and (2) North 89 degrees 24 minutes 40 seconds West a distance of 179.40 feet to an iron pin found located on the eastern boundary line of property now or formally owned by Elaine Papp; that's leaving the northern boundary line of the aforesaid Poss property, run along the eastern boundary line of the aforesaid Papp property North 00 degrees 35 minutes 20 seconds East a distance of 1,025.05 feet to an iron pin found located on the land lot line being common to Land Lots 543 and 544 of the aforesaid district, section and county and being the southern boundary line of property now or formerly owned by Jack Bledsoe; thence leaving the eastern boundary line of the aforesaid Papp property, run along the aforesaid land lot line and the southern boundary line of the aforesaid Bledsoe property the following two (2) courses and distances: (1) South 89 degrees 24 minutes 38 seconds East a distance of 330.09 feet to an iron pin found; and (2) South 87 degrees 12 minutes 27 seconds East a distance of 333.60 feet to an iron pin found located at the land lot corner being common to Land Lots 543, 544, 609 and 610 of the aforesaid district, section and county and being the southern boundary line of property now or formerly owned by Hubert R. Johnson; thence leaving the southern boundary line of the aforesaid Bledsoe property and the aforesaid land lot corner, run along the southern and southwestern boundary lines of the aforesaid Hubert Johnson property the following eleven (11) courses and distances: (1) South 84 degrees 34 minutes 45 seconds East a distance of 61.89 feet to a point; (2) South 56 degrees 11 minutes 16 seconds East a distance of 166.12 feet to a point; (3) South 53 degrees 04 minutes 51 seconds East a distance of 258.05 feet to a point; (4) South 53 degrees 31 minutes 37 seconds East a distance of 511.97 feet to a point; (5) South 46 degrees 48 minutes 51 seconds East a distance of 231.36 feet to a point; (6) South 50 degrees June 7, 1999, meeting - continued 56 minutes 41 seconds East a distance of 157.84 feet to a point; (7) South 34 degrees 50 minutes 40 seconds East a distance of 107.47 feet to a point; (8) South 14 degrees 55 minutes 28 seconds East a distance of 132.95 feet to a point; (9) South 00 degrees 29 minutes 48 seconds East a distance of 105.31 feet to a point; (10) South 06 degrees 37 minutes 18 seconds West a distance of 221.79 feet to a point; (11) South 14 degrees 41 minutes 41 seconds East a distance of 37.10 feet to a point located on the generally northern right-of-way line of Buckner Road; thence leaving the western boundary line of the aforesaid Johnson property, run along the generally northern right-of-way line of Buckner Road the following six (6) courses and distances and following the curvature thereof: (1) along the arc of a 594.05-foot radius curve to the left having an arc distance of 135.49 feet to a point (said arc being subtended by a chord lying to the south thereof bearing South 80 degrees 31 minutes 57 seconds West and being 135.20 feet in length); (2) along the arc of a 1,147.26-foot radius curve to the left having an arc distance of 149.47 feet to a point (said arc being subtended by a chord lying to the southeast thereof bearing South 70 degrees 15 minutes 58 seconds West and being 149.36 feet in length); (3) South 66 degrees 32 minutes 02 seconds West a distance of 266.48 feet to a point; (4) along the arc of a 539.77-foot radius curve to the right having an arc distance of 309.33 feet to a point (said arc being subtended to the chord lying to the north thereof bearing South 82 degrees 57 minutes 06 seconds West and being 305.12 feet in length); (5) North 80 degrees 37 minutes 50 seconds West a distance of 123.66 feet to a point; and (6) along the arc of a 407.92-foot radius curve to the left having an arc distance of 236.11 feet to a point located on the northeastern right-of-way line of Pebblebrook Road (said arc being subtended by a chord lying to the south thereof bearing South 82 degrees 47 minutes 14 seconds West and being 232.83 feet in length), said point being the POINT OF BEGINNING. The above described property contains 51.54 acres (2,245,039 square feet) and is shown on and designated as "Tract 1" according to that certain Boundary and Topographical Survey prepared for Whitefield Academy and Lawyer's Title Insurance Corporation by Frontline Surveying & Mapping, Inc. (Thomas Edward Peay, Jr., Georgia Registered Land Surveyor No. 2402), dated September 27, 1998, last revised May 12, 1999, which survey is incorporated herein by this reference and made a part of this description. (B) Approval of Change Orders - Cobb Center Park Property Mr. Smith stated this is the first stage of the park the city is developing behind Cobb Center Mall. Mr. Smith stated the change orders pertain to the grading contract that was issued some months ago. Mr. Smith stated when the contractor began grading the property, he discovered underneath the ground there was a basement from a previous part of the old Cobb Center Mall and in order to grade and level the site for future use by the park, it was necessary for him to remove not only the walls of the basement but also the floor which was several feet below the ground. Mr. Smith stated the site had to be graded several feet below the finished level of the basement and resulted in the two change orders being required on the project which totaled $103,000 (Change Order 1 - $78,298 and $24,741 on Change Order 2). Mr. Smith stated the original bid came in below the architect's estimate on this aspect of the project budget and this, even with the change orders, still represents below what the city had anticipated the final grading costs will be. Mayor Bacon asked Mr. Ciaccio when was he first aware that the change order would be necessary. Mr. Ciaccio responded around May 24 or 25', the contractor contacted the design architect and asked that he and the City Engineer go and look at the enormous basement (120 feet by 120 feet). He further stated the contractor began pushing dirt around and by the latter part of that week told him and Mr. Hildebrandt that it was of a size he was not too terribly sure of and his efforts at that point, with backhoes and the equipment he had on site, he was not sure he would be able to get that debris out of there. Mr. Ciaccio further stated at that time he was not sure that was a uniform structure within the 120 foot x 120 foot basement or if it was broken debris. Mr. Ciaccio stated on May 24 he knew there was stone down there that represented something other than in a natural state but they did not know the extent of it until the latter part of the week. Mr. Ciaccio continued that the contractor had worked through the Memorial Day weekend and the city assumed he was planning to use a giant piece of equipment he hoped to obtain from Charlotte, NC. Mr. Ciaccio stated he had hoped that by Tuesday morning, June 1, the city would know if that equipment was necessary. Mr. Ciaccio stated he did not realize the contractor was working diligently through the weekend and was as successful as he was with the equipment that was on site. Mr. Ciaccio stated on Tuesday morning, June 1, the contractor had told him that equipment was no longer going to be necessary as he had worked through the weekend in an effort to get that stuff out of there. Councilman Cramer asked Mr. Ciaccio what was the projected total bid amount for the grading work and Mr. June 7, 1999, meeting - continued Ciaccio responded about $600,000 but the original bid that was awarded was for $411,000. Mayor Bacon stated this change order is for $103,000 or 25 % over what the original bid was for. Mayor Bacon then asked if there was anything in the contract that indicated this type of work was not covered. Mr. Ciaccio responded that there was 50 cubic yards assigned as an allotment that the contractor would have to move without additional monies and above that 50 cubic yards of material would be something that would result in a change order and outside of the base bid. Mr. Ciaccio stated that the City Engineer had suggested that to probe that in a way that might have found it was not something that the city typically does and as a result of it being broken up and not uniform, more than likely the city would not have found it even if they looked since it was well below the surface. Councilman Cramer asked if a professional had come out to the site and done a Phase I Environmental Study and Mr. Ciaccio responded yes but generally they are looking for hazardous materials in a gaseous state. Mr. Ciaccio stated he did not recognize that the big pile of concrete that was going to be used as deep fill was in fact more than 50 cubic yards and did not recognize it as anything other than work that was going to be done under the base bid. Mayor Bacon asked how the city can be assured that they will not be faced at the next meeting with a similar situation? Mayor Bacon stated he understand the city thought the budget would be $600,000 and were under budget for $411,000 and now we are being hit with another $103,000 and how do we know there will not be another change order that this contractor says is perhaps $30,000 more. Mr. Ciaccio stated he spoke with the contractor this afternoon and asked him that very question. Mr. Ciaccio stated you do not have that assurance that we are not going to find more rock but because we have done the bulk of the grading already, certainly the greater majority of the problems have already been identified because of the massive amount of grading that has been done. Mayor Bacon asked if this work has already been done and Mr. Ciaccio responded that was correct. Mr. Ciaccio stated the contractor got all of the work in Change Order 2 done the latter part of the week before the holiday. Councilman Cramer asked if the contractor has 110 days to do the work that was let out as the original contract. Mr. Ciaccio responded that was correct. Councilman Cramer then asked if a stop work order had been issued, would the city have to pay him per day. Mr. Ciaccio responded the contractor has equipment out there that he does not own. Mr. Ciaccio stated he made an inquiry as to what it would cost typically for the amount of people he had on staff and the equipment on site the other day when he made that inquiry and the contractor responded it would be between $7,200 and $12,000 per day to have them sit there. Mr. Ciaccio stated it was the city's intention not to have them sit there. Mayor Bacon stated he was told there was plenty of work for them to do and they would not be just sitting around accumulating downtime that the city would have to pay. Mayor Bacon asked if the initial change order was $81,000 and because the city did not use that equipment the amount is now $78,298. Mr. Ciaccio stated the contractor found a lot more debris than he thought he was going to find and that amount of debris was verified. Mayor Bacon asked if he didn't approve this because he was afraid he could not get that equipment in there and in reality he never used it anyway. Mr. Ciaccio stated that was correct but the contractor moved on Friday afternoon, May 28, to keep pecking away at it. Mr. Ciaccio then stated that come Tuesday morning he realized that he had a lot more material in there than he had originally thought he had and that he had done a lot of work - none of which required the big, heavy piece of equipment. Mayor Bacon asked if that was the reason he based his opinion that created an emergency because the equipment would not be available. Mr. Ciaccio responded that was correct but also did not want them sitting on the site and doing nothing. Mayor Bacon stated that according to Keith Gartin, Altamira, there were plenty of things for them to be doing where they would not have sat on the site. Mr. Ciaccio stated that was correct. Mayor Bacon stated the point he was trying to make was that any time that you make a decision on Friday afternoon before a holiday it should really be an emergency and he did not think this was an emergency. Councilman Hawkins asked what that contract called for the contractor to do. Mr. Ciaccio stated the contract is for the grading of the property and put in asphalt walking trail and hydroseed it. Mr. Hawkins then asked that as a result of the contractor hitting this buried concrete, it is going to be $411,000 plus $103,000? Mr. Ciaccio responded that was correct. Mr. Ciaccio stated the contractor protested early on that the city should pay for some pipe that needed to be removed but they identified that in the contract that was not something the city was responsible for. Councilman Hawkins asked if there is any wording in the contract about unforeseen incidents. Mr. Ciaccio stated the contractor's original complaint was about hazardous materials and he thought he had found some materials that the city does not believe he found and so the designer in excavation was asked to go ahead and peruse those specs and find out what in fact "unknown material" meant. Mr. Ciaccio stated again that on the concrete, anything above 50 cubic yards of mass rock, is something that is a change order and not covered in the original document. Mr. Ciaccio responded in the first phase, the city will put in grass, provide open space and put in a walking trail that will circumvent the whole property. Mr. Lnenicka asked about the next phase and Mr. Ciaccio stated that is two ball fields and a multi -purpose building June 7, 1999, meeting - continued should the funding become available. Councilman Hawkins asked if the city council has ever voted on the layout of the ballfields. Mr. Ciaccio stated a plan was issued through the Committee who met the designer and one committee member met with the Little League President and they were a party to little league's request for ballfields and the direction he thought he had was to do the easiest approach which is to put two 200-foot ballfields in the first phase and a multi -purpose building. Mr. Ciaccio stated the two 200-foot ballfields and the multi -purpose building is a plan that has been approved by the committee. Councilman Hawkins stated the only approval the Parks Department has is committee approval and that is not approval by the full body of elected officials. Mr. Smith stated the plan was brought up in a fairly detailed discussion at either an agenda meeting or a work session with the full plans and they have operated on those guidelines just as we have in spending the Parks and Recreation Bond money. Councilman Hawkins stated as far as he knows there is no final approval from this body and he did not want to see Mr. Ciaccio building ballfields and then you come back and say you thought we had approved this. Councilman Lnenicka stated there is no budget for that. Councilman Hawkins stated as far as he understands it the ballfields have not been approved. Councilman Cramer stated not by the Mayor and Council but a pretty extensive meeting through a work session, through a meeting with the SAA Little League, the past president and the current president this is what they have requested they want to see on that site. Councilman Hawkins said he understands that. Mr. Smith stated the only thing that has been approved is the grading contract. Councilman Lnenicka stated the point he was trying to make is that the city has now committed a little over a million dollars in support of the Smyrna Little League and the youth of this city. Mayor Bacon stated in the future, the elected officials need to be made more aware of change orders and they do not need to be done with notification after the fact to the elected officials. Councilman Scoggins made a motion that the change orders for the Cobb Center Park in the amount of $103,039 be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). COMMERCIAL BUILDING PERMITS: (A) Building Permit - RACO Builders - Construction of a 92,400 Square Foot Building - 5400 United Drive Councilman Wood stated this building is being constructed for a Gwinnett 316 Corporation which is affiliated with RACO and is for an office and warehouse complex, 92,400 square feet, on United Drive, with an estimated cost of construction at $1,294,000. Councilman Wood made a motion the building permit be approved. Councilman Lnenicka seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). BID AWARDS: (A) Bid Award (Bid # 99006) - Carpeting for Library Councilman Scoggins stated the carpet in the library needs to be replaced and the low bidder meeting specifications was Michael Smith Floorcovering. Councilman Scoggins made a motion that the bid for replacement carpet for the library be awarded to Michael Smith Floorcovering for a total cost of $10,100. Councilman Lnenicka stated this is for the downstairs area of the Library and the city will probably have a second bid later for the upstairs area. Councilman Wood seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). (B) Bid Award - Furniture for New Fire Station - State Contract Councilman Newcomb stated this is for furniture for the new fire station that is scheduled to be opened the end of July. Councilman Newcomb stated three-quarters of the furniture that is included in this bid award is on state or federal contract and the city can go to Ivan Allen and purchase it directly because of that. He then stated another quarter of the furniture is from a sole source - This End Up Company. Mr. Newcomb stated if all the furniture were to be purchased at state contract pricing, the Ivan Allen portion off those contracts will be $81,400.25 and the bid from This End Up, sole source, amount submitted is $19,915 and if you add those together you exceed the amount the city budgeted or $101,316 and the city budgeted $86,000. Councilman Newcomb stated the city has taken out of the Ivan Allen portion items 17, 18 and reduced the number of items from 23 to eight and from This End Up they are taking out four items to get the sub -total down there as well. Councilman Newcomb stated the grand total will then be within budget. Councilman Newcomb made a motion to purchase through June 7, 1999, meeting - continued Ivan Allen off State and Federal contract $68,745.44 and from This End Up $16,276.17 for a grand total of $85,021.61. Councilman Cramer seconded the motion. Motion was approved 6- 0 (Councilwoman Capilouto was absent). CONSENT AGENDA: (A) Approval of May 17, 1999, Minutes (B) Approval to Request Bids - Landscaping at New Fire Station (C) Approval to Request Proposals - ID Badging System for the Parks Department (D) Approval to Purchase One (1) 1999 Ford Taurus - Police Department Councilman Lnenicka made a motion that the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 6-0 (Councilwoman Capilouto was absent). COMMITTEE REPORTS: Councilman Newcomb stated he would like to point out that the landscaping that has been done to date on Spring Road is all that will be done until September and then there will be further landscaping done. Mr. Newcomb stated there is approximately $90,000 for landscaping along Spring Road and the city has put in a grant request through the State Department of Transportation for the Linear Park. He stated the current landscaping is not the end of the landscaping and there is more to come. Councilman Scoggins reminded everyone that the next summer concert is scheduled for Friday, June 18. Mayor Bacon announced Maryclaire Andres had her baby on May 23 and mother, father and baby son are doing well. Councilman Hawkins announced the Georgia Department of Community Affairs has informed the city that the Cemetery Association has received a grant in the amount of $20,000 through a local assistance grant from the State. Councilman Hawkins thanked Representative Randy Sauder and members of the Cobb Delegation for their efforts on our behalf. Councilman Newcomb and Councilman Hawkins thanked all the volunteers who work to keep the cemetery looking good. Councilman Cramer stated he has been out of town but will catch up on his phone calls within the next few days. Councilman Lnenicka thanked the Mayor and Council for the last budget of the 1990's and commended the elected officials and staff for the excellent job they did this year. Councilman Lnenicka announced that the city's Code of Ordinance is on the Internet and gave the web site address which is www.municode.com. Councilman Lnenicka stated that Saturday, May 29, over the holiday weekend, there were two weddings at the gazebo by the Community Center and another is planned for June 12 and stated he thought that was a positive endorsement of what the city has done in the downtown area. Councilman Lnenicka thanked the American Legion Post 160 for their Memorial Day Celebration and the ceremony they held on May 31. Councilman Lnenicka thanked his father for the talk he gave as the keynote speaker. Councilman Wood announced school is about over for this year and reminded the citizens of the great programs available through the city for the summer. Mr. Wood mentioned the parks and library programs for the youth and the summer concert series as well as the city's birthday celebration in August. Mayor Bacon suggested the citizens could also visit the Welcome Center, Smyrna Museum and Aunt Fanny's Cabin during the summer months. Mr. Smith encouraged the elected officials to visit the Public Works Complex as they have recently installed new carpet and tile in the entranceway. Mr. Smith also stated tile has been installed at the entranceways at the Community Center. Mr. Smith expressed his appreciation to Mr. Al Cochran for his assistance during Mr. Camp's leave of absence. June 7, 1999, meeting - continued Mayor Bacon recognized city employee Elijah Jones who was in attendance at tonight's meeting. ADJOURNMENT With no further business, the meeting adjourned at 9:24 p.m. A. MAX BACON, MAYOR MEL DA DAMERON, CITY CLERK 0 �M�Qra pad')JO I I �m CHA LEN CAPILOU O, WARD 1 BILL SCOGGINS, WAb 3 9&'C-" /Z ACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 VM LVA M •D.