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June 20, 1994 Council MeetingJune 20. 1994 The regular scheduled meeting of Mayor and Council was held June 20, 1994, at 7:30 p.m. o'clock. The meeting was called to order by presiding officer Mayor A. Max Bacon. All Council members were present. Also present was City Clerk Melinda Dameron, City Administrator Bob Thomson, City Attorney Charles E. Camp, Police Chief Stan Hook, Finance Director Jim Triplett, Fire Chief Larry Williams, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, City Engineer Ken Hildebrandt, Personnel Director Mary Ann White, Community Relations Director Kathie Barton, Public Works Director Larry Dunn, Chief Building Inspector Scott Stokes and representatives of the press. ~w* Invocation was given by Reverend Grady Love, pastor of Smyrna Presbyterian Church, followed by the pledge to the flag. Mayor Bacon asked Personnel Director Mary Ann White to come forward. Ms. White recognized Kristy Cannon from the Court Services Division as the Employee of the Month for June 1994 and the Court Services Division was recognized as the Team of the Month for June. CITIZENS INPUT: Mayor Bacon recognized Congressman Newt Gingrich who expressed his appreciation to the City of Smyrna for their efforts to acquire the Heritage Pointe Apartment complex for redevelopment which will benefit the community. Mayor Bacon expressed his appreciation on behalf of the City for the assistance Congressman Gingrich and his staff had provided the city in the acquisition process for the Heritage Pointe complex. Mayor Bacon then recognized Randy Sauder, candidate for District 29 of the House of Representatives; Richard Day, candidate for District 29 of the House of Representatives; Anne Brady, candidate for re- election to the Cobb County Board of Education; Pat McPherson, candidate for District 29 of the House of Representatives; and Mrs. Nancy Bodiford whose husband Jim is a candidate as the Judge for Superior Court. All candidates urged everyone to vote in the July 19 primary. ~"" Mayor Bacon asked Commissioner Joe Lee Thompson and Cobb D.O.T. representative Denny Meier to come forward for an update on the Atlanta Road widening project. Mr. Meier explained that the Atlanta Road project from I-285 to Spring Road is moving along several months ahead of schedule and a substantial completion of that segment should be June of 1995. The section of Atlanta Road from I-285 to the county line was awarded to APAC of Georgia and the ground breaking will be sometime in July with a completion date of July, 1996. The other section of Atlanta Road from north of Windy Hill toward Marietta is in the review process with the final engineering on that project scheduled for later this summer and is budgeted in the 1990 Sales Tax Program and in the 1994 Sales Tax Program there is money slated for that project. Mayor Bacon thanked both Mr. Thompson and Mr. Meier for the update on the Atlanta Road project. Mr. Thompson then stated he noticed an item on the agenda for the extension of the multi-family zoning moratorium and said he wanted to share the County's position on that issue. He stated the County supports such a moratorium and are studying the issue. He further stated that in the Smyrna/Vinings/Oakdale area the rental units represents 65% and they feel that is too many. He stated the County will be coming forward in the next month or so with housing units in that area and will share that information with Smyrna as soon as possible. Mayor Bacon then recognized Al Crutchfield, Commander of the American Legion Post 160. Commander Crutchfield invited everyone to attend the Fourth of July celebration at the Legion. Mayor Bacon recognized Matt Rogers who complained about the fence on the property across from Aunt ~,., Fanny's Cabin. He further explained the fence is in a run-down condition and asked if the City could repair the fence. Mayor Bacon explained the fence is actually in the County and suggested he talk with Commissioner Thompson about the problem. PUBLIC HEARINGS: (A) Adoption of Tax Millage Rate for 1994 Mr. Thomson stated the adoption of the millage rate was advertised as a Public Notice and deferred the matter to Councilman Wood. June 20 1994 meeting-- continued Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition or wanted to discuss the adoption of the millage rate. There was none. Councilman Wood stated that for the last three years the City has gradually made reductions in the property tax rate for the citizens and that the city will end its fiscal year on June 30 of this year with a slight surplus. Mr. Wood then made a motion the tentative millage rate of 11.5 be approved. Mr. Wood explained it was necessary to set the millage rate tentatively because the City can not set an official rate until the County furnishes Smyrna with the tax digest which is not normally received until August or "" September. He further stated the millage rate will be officially adopted at such a time as the city receives the digest from Cobb County. Motion was seconded by Councilman Cramer. Motion was approved 7-0. (B) Adoption of Fiscal Year 1994-1995 Budget Councilman Wood stated the budget which is due to begin on July 1, 1994, is broken down into three funds; General Fund of $17,677,495; Special Revenue Fund $1,708,844; and Water/Sewer Fund $6,295,667; and stated those three combined total $25,682,006 which represents about a 5% increase over the FY94 combined budget of $24,394,226. Mr. Wood stated this budget includes some new positions, specifically, two new firemen, two new uniformed policemen, a housing inspector for the Community Development Department and apart-time Smyrna Clean & Beautiful Coordinator and two communications operators which is a total of six new positions or five full-time and one part-time. He further stated the budget includes a salary administration program to provide raises to employees of the City which is about $450,000 included in the budget to cover merit increases as well as some 1993 inequity adjustments where warranted. He also announced that this budget removes the salary cap from the topped-out employees effective July of this year so all employees of the City of Smyrna will be considered for salary adjustments in FY95. He further stated the budget also includes a substantial increase in health insurance, about a 23% increase or a total of $286,000 and while this amount doesn't show up in a pay slip of a city employee, it is a tremendous benefit to the city and the employees pay about 15% of the cost. That percentage will probably go down July 1 with the increase in the cost of the coverage which will be absorbed by the City. The city provides a benefit for employees with dependents that is worth about $6,000 per year per employee and it is a good program and provides security for the employees and stated he was glad the City had the insurance. He also stated part of the budget includes the 1% Road Tax Program revenue and in FY95 the projection of $712,788; the budget also includes in the Water/Sewer part of the budget includes a 2% rate increase for water usage and stated this increase is necessary due to the Cobb Marietta Water Authority increasing the wholesale rates by 2%; also includes a 3% increase on the sewage rate based on the anticipated increase in sewage rates from the Cobb County Water System and these are pass throughs. He further stated the City has been notified the cost of water will continue to increase annually at least at 2% until at least the year 2002. He stated the City spends about $8,600,000 on public safety which represents 34% of the budget; about 26% in the Public Works area; $5,000,000 for debt service on bonds issued for the downtown redevelopment and also includes some water/sewer bonds that are outstanding. The City's debt ratio is very low and the City is in sound financial condition and with those remarks he opened the floor for questions any council member might have. Councilman Hawkins stated he was going to support the budget because overall it is a good budget. He then stated he felt he would be remiss in not addressing a mistake he feels this body has made. He indicated that at the last budget hearing the decision was made to eliminate a Fire Captain's position and he feels that is a mistake and indicated he had spoken to Mr. Wood about bringing a proposal back to the Finance Committee to reconsider that action. He further stated he thinks that perhaps all the facts that should have been presented were not available and that he will be working with Chief Williams to bring those facts to the Committee that would show that the Smyrna Fire Department is one of the leanest, as far as officers to men ratio, as any fire department in north Georgia. He stated his biggest concern is that as the City is growing because of annexations and people moving in, the work load of every department is increasing and that is the main reason he supported Chief Hook getting extra people, Communications getting extra people, Community Development getting a Housing Inspector and he supported all those additions that were mentioned in the budget, but was very disappointed that the same consideration was not given to the Fire Department. Their work load is certainly increasing as well and in addition to that the single biggest morale factor that we have in the fire department, and is somewhat similar in the police department as well, is that we get a lot of outstanding young people to apply for jobs and we hire them; for the first year or two and they do a great job and take all the necessary training then the reality sets in that they are not going anywhere for 15 to 20 years -- they can not promote. We don't have enough officer's positions above them for them to really have a career. They have to spend a fifteen-year career as a firefighter before they can hope for their first promotion and the same holds true a lot in the police department. He then stated he would support the budget on the assumption that the June 20, 1994, meeting -continued council is going to rethink the idea about eliminating the Fire Captain. Councilman Scoggins commended the council for the work they had done in preparing the budget. He then asked Mr. Wood what percentage, roughly, of property tax does the millage rate include. Mr. Wood responded that the City is budgeting $6,501,805 for property taxes which represents 25% of !~ the total budget. He stated the property taxes represents 25% and other types of taxes represents 21%; licenses and permits 4%; fines and forfeitures 5%; sales and service charges 38%; and the miscellaneous is about 7%; so out of the $25,682,000 budget about 25% is funded from property taxes. Councilman Hawkins stated that when he was first on the council, all the property taxes collected from the citizens, represented 42% of the total money the city had for the city and that in this year's budget, the property tax represents 25% which means for every dollar the city gets from a taxpayer, the city has to generate $3 from sources other than property tax and that property taxes do not drive the City like they did previously. Councilman Scoggins stated that services are increasing yearly and that is what the council wants and the city is currently in the process of annexing 500 ± single families this coming year which means the services have to increase and that is something we all want but we have to figure out some way to pay for those services. He then commended the council again for the way the budget was handled. Councilman Patrick stated he will support the budget but wants to go on record for hoping that we could show some support and appreciation for the emergency services, like the police department and fire department, and find ways of upgrading their salaries and benefits. Councilman Lnenicka stated that overall he felt the budget is a good one but it is not exactly everything he would like to have seen and when you have eight strong-willed individuals with their own ideas about what should and should not be in the budget, sometimes it is remarkable that they can agree on anything. He stated he did appreciate the work of the council in preparing for the budget. He further stated that * the salary increases included in the budget are particularly for the employees that have been topped out for a number of years and this is probably one of the better parts of the budget. They are not necessarily abolishing the salary cap or the top pay for a given position, but this budget does allow the council to raise those top pays on most of those positions 5% and allow employees who haven't had a raise for a number of years the opportunity to earn a merit raise and that is a very significant part of the budget. He further stated that he thought anyone who had been in that position would appreciate the opportunity to get a raise and compared it to his own company where those pay ranges are being increased 2.5%. He further stated that out of the six new positions, four of them are in public safety; specifically, two uniformed patrolmen and two communications operators and that is a direct function of the growth of the city. He stated that as the city has grown and annexed some areas, the number of calls to the 911 center have increased dramatically. He then stated the police department is currently down by eight vacant positions that need to be filled and the council has taken steps to allow the city to do that and he hopes those can be filled very soon. Councilman Hawkins stated that for each increased call to the 911 center there is a police or fireman who has to respond to those calls and urged everyone to keep that in mind when talking about supporting the public safety folks because the fire department needs some help. Councilman Newcomb stated that the issue Mr. Hawkins raised is an important one -- the elimination of the Fire Captain's position. He indicated when he supported the removal of that position he felt that would free up more dollars to be used somewhere else and to have less officers, more rank and file emphasis, but he stated he does look forward to seeing the figures Mr. Hawkins is going to present to ~ the committee. He then stated that on the pay issue for employees, the benefits issue, that is a tough one because you have to balance on one hand the responsibility to the taxpayers and whatever revenue sources are and on the other hand you have to pay good folks that work hard for the city fair compensation for the job they perform. He further stated he felt what they have done in this budget is that fair balance at this time. He further stated the merit raises would be between 0 and 5% and stated he thought it was a budgeted amount of 3.5% and that is about $350,000 worth and as Mr. Wood indicated another $100,000 has been put in there for equity adjustments and ways that we have to go back to the table and figure out as a council, and that is $450,000 in a $25.6 million dollar budget and indicated that is a pretty good chunk. He further stated he felt that was a statement by the Mayor and Council for the support for the job that the staff and personnel in the City of Smyrna do for the city. He then stated that no one had mentioned Class and Comp and that's because the council has had difficulty with that study and this should not be marketed as part of the class and comp. He then stated he felt the housing inspector was June 20, 1994, meeting -continued very important because the city has talked about the need for continuous improvements of buildings, apartments in particular, because it has an effect on the type of people it draws and rents charged which affects neighborhoods, schools and crime. He also stated he thought it was very important to have the two policemen in the budget and stated that since he has been on council the city has not been able to hire an entry-level police officer because of legal issues or legal uncertainties and he hopes those can be resolved through some changes pretty soon and once that is done he would like to hire these officers and get them on the streets. He stated he supported the budget. Councilman Cramer stated one thing he would like to echo is Mr. Hawkins' feelings concerning where the council had eliminated some positions and stated there are a lot of young and great talent in the City and particularly they need an avenue in which to grow and he hopes that will be reconsidered. He stated the citizens elected the officials to do a job and the tax rate has been rolled back for the last three consecutive years and the city has done more with less people and now the city is annexing more people and hopefully the city can add some of these positions like police and fire to continue to do the great job that the city has done. He stated he felt the city needs to look at public safety as a whole for the coming year because that is where the effort is going to be. The crime rate is rising around Smyrna and feels the city needs to look at beefing up the police department and to pay the public safety people a little bit more money so that they will have an easier job with what they are doing. Mayor Bacon stated this is a public hearing and asked if anyone present had any comments about the adoption of the budget. There was none. Mayor Bacon stated this was a typical budget where not every member got what they wanted but that never happens. He stated there were areas that he was concerned with that he did not get but the city has to move on and look out for what's best for the employees and that he supports the adoption of this budget. Councilman Wood made a motion the budget be adopted. Motion was seconded by Councilman Newcomb. Motion was approved 7-0. (C) Annexation of 33 Acres on Gann Road, Land Lot 456, 17th District, 2nd Section "~""" Mr. Thomson stated the Raymond Reed family has requested annexation of their property on Gann Road for a proposed new single family development. He stated letters have been sent to all owners of the area notifying them of the public hearing, including several property owners in an area which meets the definition of an unincorporated island, and the recommendation is that the property be annexed as a part of Ward 7. Mayor Bacon asked the applicants to come forward and asked if there was anyone present in opposition to the annexation of this property. There was none. Councilman Wood stated that Ben and Patricia Carter were present and that Ms. Carter is the daughter of Raymond Reed, and Paul and Debbie Hudson, another daughter of Mr. Reed, is present. He then stated there is 33 acres on Gann Road that the Reed family is asking to be annexed into the City. He indicated that the property can not be annexed and create another island under Georgia law and the city has notified the residents of the adjoining land on Brentwood and Alpine of the annexation. He then asked if anyone had any questions of the Reed family. Councilman Scoggins asked if there was any proposed number of single family horr?es available. Mr. Carter responded they are looking at bringing in 30 acres and in that plan there are about 70 lots they are looking at bringing in and will be asking for RAD-Conditional zoning. He then expressed his appreciation to the staff, Mr. Thomson, Ken Hildebrandt and Pete Wood for their assistance in the annexation process. Councilman Wood made a motion that the City annex the 33 acres on Gann Road, Land Lot 456, 17th District, 2nd Section and the unincorporated island as defined in Section 36-36-90 of the Official Code of Georgia to become a Part of Ward 7 with an effective date of June 30, 1994. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Alcoholic Beverage License -Retail Pouring of Beer and Wine -Cozumel Mexican Restaurant - 2697 New Spring Road June 20, 1994, meeting -continued Mr. Thomson stated Ms. Maricela Coronado will be the agent for the establishment and is also a partner of the business. He further indicated she has been given a copy of the Alcoholic Beverage License and the Business License Officer has reviewed the guideline with her. Mayor Bacon asked Ms. Coronado to come forward. Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of the alcoholic beverage license for e~ Cozumel Mexican Restaurant. There was none. Councilman Patrick asked Ms. Coronado if she fully understood the alcoholic beverage ordinance and she replied she did. Councilman Scoggins asked Ms. Coronado if the restaurant was part of El Toro and she replied they are not a part of the restaurant but that she is related to the people who own El Toro. Councilman Hawkins asked Ms. Coronado if she had read the ordinance and could she certify to the council that she understands it and can abide by it. Ms. Coronado responded she had read the ordinance and would abide by it. He then asked if she would be working there and she responded she will. Mayor Bacon asked Ms. Coronado if she thought they would be coming back and asking for a liquor pouring license. She indicated that perhaps next year if the business grows. He then asked what percentage of food they planned to serve versus alcohol and Ms. Coronado responded about 85%. Councilman Patrick stated the police department investigation indicated nothing that would preclude the issuance of this license and made a motion that the alcoholic beverage license for the retail pouring of beer and wine for the Cozumel Mexican Restaurant at 2697 New Spring Road be approved. Councilman Hawkins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approval to Extend Apartment Zoning Moratorium Mr. Thomson stated that for the last several months the city has been studying the impact of apartments on infrastructure, schools, services and densities. He indicated that further study is needed to assess the impact apartments may have on the Atlanta Road/South Cobb/Concord/Spring/Windy Hill corridors and the recommendation is to extend the moratorium on apartment development an additional six months from July 5, 1994, to January 5, 1995, which will allow the city to determine the proper land uses for the corridors experiencing the greatest developmental pressures and allow changes as needed in the comprehensive land use map. Councilman Newcomb stated at the last council meeting the city accepted the Moeller Study which contained several recommendations for looking at the land use plan and the zoning ordinances to make sure they were in agreement in some places and to study some of the main corridors -- South Cobb/Atlanta Road/Spring/Windy Hill to look at the vacant pieces of property to see what the zoning was and so forth. He indicated this moratorium will allow the city the opportunity to look carefully at the specifics recommended in the Moeller Study and allow the city time to implement those recommendations. Mr. Newcomb then made a motion that the moratorium on apartment development for an additional six months from July 5, 1994, to January 5, 1995. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Appointment of Larry Williams as Emergency Management Director Mr. Thomson stated this is required under the Ordinances of the city and it is recommended by the Fire Committee. Councilman Hawkins stated that Bennie Nelson has held this position for a number of years and he is now going to take afull-time job in the 911 center and the State requires that the city have a Director of Emergency Management. Mr. Hawkins stated he could think of no one better qualified for this position than Chief Larry Williams and made a motion to appoint him as Emergency Management Director. Councilman Wood seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. June 20, 1994, meeting -continued CONSENT AGENDA: (A) Approval of June 6, 1994, Minutes (B) Change Date of First Council Meeting in July from July 4, 1994, to Tuesday, July 5, 1994 Councilman Scoggins made a motion the consent agenda be approved. Motion was seconded by Councilman Hawkins. Motion was approved 7-0. COMMITTEE REPORTS: Mayor Bacon announced that June 21, the city will hand deliver letters to the grocery stores and drug stores that have shopping carts. The letter will indicate that it is a violation of the Official Code of Georgia to remove shopping carts from those locations. He further indicated the Code section specifies that the stores must post notices to the customers in three locations in the store that it is illegal for carts to be removed from the parking lot areas and is punishable as a misdemeanor in accordance with the Official Code of Georgia, Section 16-8-21. He indicated he had talked with Chief Hook and some of the other departments and the city does intend to enforce this ordinance to the fullest extent of the law. He also stated there is another section that states it shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way or parking lot other than the parking lot on the premises of the owner. He stated he was happy to report the enforcement of this law will begin on June 21. Mayor Bacon then stated that the Mayor usually catches all the rebuttal when a budget is adopted and all the blame is placed on the mayor and the good that is contained in a budget is shared with all the council; he then said it was a very tough budget to adopt and no one got all they wanted but it is a good budget and will best serve the needs of the city. Councilman Patrick called on Laurel Best for a report on the Library. Ms. Best reported on the results of the survey mailed out in the water bill. She indicated 813 people replied to the survey and 56% of the respondents indicated they had used the library in the last two months and 12% had never used the library. She further indicated that 48% of those using the library came to check out materials and 30% came to use reference material and the rest came for programs, meetings, a place to study and things of that nature. Councilman Newcomb asked Mary Ann White for a report on the Human Resources Department. Ms. White stated there is an opening for a sanitation worker and the closing date is June 24 at 5:00 p.m. Councilman Newcomb stated two weeks ago the Cobb D.O.T. held a meeting to discuss the Spring Road widening project and he feels the D.O.T. left that meeting with a couple of clear cut impressions; one is to leave the light at Glenroy and to forget about reversible lanes and he expressed his appreciation to all who attended the meeting. He further indicated the Cobb D.O.T. is in the process of putting together all the written comments they received and the Mayor and Council will be working with the D.O.T. in the next few weeks to review those and to try to nail down what is going to happen on Spring Road. Councilman Scoggins called on Kathie Barton for a report. Ms. Barton stated the Parks Chatter was delivered to all water bill recipients and were also delivered to the apartment complexes. She then stated that the Jessye Coleman Council, for the fourth year in a row, has won the Environmental Education Award for their work with Smyrna Clean and Beautiful. Councilman Scoggins asked Larry Dunn for a report on the Public Works Department. Mr. Dunn reported that the curb and gutter work has been started on Rolling View Drive and the soccer field grading at Jonquil Park has been completed and the landscaping on the South Cobb Drive water line has been completed. He also reported the old public works building behind the Fire Department has been torn down and hauled away. He indicated the creek project on Fawn Lane was started today; and that they have installed about 60' of pipe at Lake Park and they have finished the beautification project on Atlanta Road (near the railroad tracks across from City Hall). Councilman Scoggins then asked that the rules of order be suspended to allow for an appointment to the Cemetery Commission. The motion was seconded by Councilman Hawkins. Motion was approved 7-0. Councilman Scoggins then stated that Nancy Hancock, chairperson for the Cemetery Association would like to appoint Mr. Jim Wooten, 380 Willowbrook, to the Cemetery Association to replace Mark Baker. He then made a motion to appoint Mr. Jim Wooten to the Cemetery Association to replace Mark Baker. June 20, 1994, meeting -continued Motion was seconded by Councilman Hawkins. Motion was approved 7-0. Councilman Hawkins asked Chief Williams for a report on the Fire Department. Chief Williams encouraged everyone to respond to the survey that was mailed out in the recent water bill. Councilman Lnenicka asked Chief Williams to briefly describe the role of the Paramedics who recently graduated from Paramedics training. Chief Williams explained there were twelve graduates from the school and the paramedics are qualified for the advanced life support field. He further indicated the plans are to enter this field in the fall as the equipment has been ordered and this completes an 18-month training program conducted in-house. Councilman Cramer asked Steve Ciaccio for a report on the Parks Department. Mr. Ciaccio reported the June 10 concert was well attended. He also stated the three city pools are now open and they are taking reservations for swimming lessons. He encouraged everyone to attend the July 4th activities which begins at 6:30 p.m. Councilman Lnenicka asked Chief Hook for a report on the Police Department. Chief Hook reported the crime statistics for the city were not really not all that good as some disturbing trends have been established for the first five months of 1994. He stated the overall traffic citations are down about 30% from the same period in 1993; criminal arrests are down 28%; crimes reported are up 4.3%. He stated that part of the increase in crimes is due to the annexation of property into the City and that with more citizens, the crime rate increases. Councilman Lnenicka stated that Mr. Newcomb had mentioned the Classification and Compensation Study that the city did but has not yet been implemented and indicated that one of the parts of that study is looking at pay ranges and making sure that they are competitive with the market and where they ought to be and he feels that is an issue that the City has to do to make sure that not only our public safety officers but all the city employees are paid fairly relative to where they need to be. He stated that it is obviously a major priority issue that needs to be worked on and there may be some other things that can be done with the staff. Councilman Wood asked Jim Triplett for a report on the Finance Department. Mr. Triplett thanked the Mayor and Council for their support in the preparation of the budget and also the department heads for their assistance. Councilman Wood then thanked the department heads for their assistance in the budget process and the staff of the Finance Department for their work during the preparation of the budget. Mayor Bacon then thanked Richard Day, candidate for District 29 House of Representatives, for remaining for the entire meeting. With no further business the meeting adjourned at 9:27 p.m. -~. MELI DA DAME NCI Y CLERK A. MAX BACON, MAYOR , ' ") ~ ~---b .a O N PATRICK, WARD 1 RON NEWCOMB, WARD 2 ,~. ~ ~ L SCOGGINS, W 3 JAM M. HAW ,WARD 4 ACK CRAMER, WARD 5 WADE S. LNENICKA, WARD 6 CHARLES PETE WOOD, WARD 7