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May 20, 1991 Council Meeting May 20, 1991 The regular scheduled meeting of Mayor and Council was held May 20, 1991 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, Parks and Recreation Director Sherry Reavis, Fire Chief Larry Williams, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Finance Director Emory McHugh, Library Director Laurel Best, Police Chief Stan Hook and representatives of the press. Invocation was given by Councilman Jim Hawkins followed by the pledge to the flag. Councilman John Steely read a proclamation for "Buckle Up Week" and presented ... it to Officer Mike Brown from the Police Department STEP Unit. CITIZENS INPUT: Bill Rudolph of 3374 Landrum Drive presented pictures of the residential construction underway on Church Road adjacent to his property. Mr. Rudolph said the developer, Mr. Konigsmark, has violated several provisions of the building code and also understood that he would soon be requesting a variance to allow construction of an additional home. Mr. Rudolph was told that our Inspectors would investigate his concerns and contact him tomorrow. Hector Rodriguez of Country Park Condominium Association requested that item 3(A), the variance for Plantation Pointe Shopping Center be tabled until the homeowners can meet with Metric Property Management concerning their request for additional signage. PUBLIC HEARINGS: (A) Road Variance - additional sign at Plantation Pointe Shopping Center, Spring John Patterson stated that Metric Property Management is requesting a variance to erect a second sign in front of Plantation Pointe Shopping Center on Spring at Campbell Road. If approved, the additional sign would eliminate the use of portable signs. Bob Davis made a motion the variance be tabled to ... the next meeting. John Steely seconded the motion which carried 7-0. (B) Business license - massage practitioner at 765 Windy Hill Road John Patterson stated that Mary Alice Evans is requesting a license to work as a massage therapist in Dr. Steven Sheick's Chiropractic Office at 765 Windy Hill Road. The police investigation was favorable and there was no opposition. Ms. Evans stated she had a degree in Psychology/Zoology from Michigan State University and received her massage training from Sun Coast Institute (Center for Natural Health, School of Massage Therapy) in Tampa Florida, and was also certified through the Atlanta School of Massage. Ms. Evans said she has been in practice since 1984 and while her practice is now part time, she hoped that it would build to full time with Dr. Sheick. After further discussion Kathy Jordan made a motion the license be approved. John Steely seconded the motion which carried 6-1 with Jim Hawkins opposed. (C) Business license - massage practitioner at 1461 Smyrna-Roswell Road Bill Scoggins stated the applicant, Stacy Shirley, had requested the application be withdrawn and made a motion it be removed from the agenda. Bob Davis seconded the motion which carried 7-0. ... FORMAL BUSINESS: (A) Bid opening - signage for Community Center/Library Only one bid was received for new signage which was read and recorded as follows: Architectural Sign Systems $8,739 Wade Lnenicka made a motion the bid be turned over to the Parks and Recreation and Library Committees for review with a recommendation to award the bid if it meets specifications and if not, to rebid. May 20, 1991 meeting - continued Bill Scoggins seconded the motion which failed 3-4. Opposed was Bob Davis, Jack Shinall, Kathy Jordan and John Steely. Jack Shinall then made a motion the bids be rejected and that we re-bid for opening at the first meeting in June. John Steely seconded the motion which carried 4-3 with Bill Scoggins, Jim Hawkins and Wade Lnenicka opposed. (B) Resolution authorizing participation in the Local Government Investment Pool John Patterson stated the Georgia Department of Administrative Services has an investment program available to governmental entities which would allow us to transfer funds to the LGIP so that they would be responsible for investing them at a higher interest rate than our banks are able to provide. The pool is sponsored by the Georgia Municipal Association and represents a ... conservative and safe method of investing funds for our city. Jim Hawkins said this had been discussed at some length by the Finance & Administration Committee and there was a division of opinion. Our funds currently are being bid out to local banks every few months when they mature. While the Department of Administrative Services has averaged a higher rate of return on investments, Mr. Hawkins said he felt we should not take our business out of tl local banks. It was estimated that we would we would yield an additional $60,000 a year but Mr. Hawkins said he still had a problem with taking the money out of our local banks. Mayor Bacon said he also felt we banks employ approximately 197 approximately $3.5 million and policy. should keep our money invested people and have an annual was not personally in favor of locally. payroll adopting Our of the John Steely said he felt we should gain as much interest on our investments as we can, even if it means investing with outside agencies. Jack Shinall said best yield, but we this area. Some considerably and we survive and grow. we do need to be prudent in investing our funds for the also need to be prudent in bringing the economy back to banks have had to restrict their lending policies should keep our funds in the community to help them ....., Wade from throw Lnenicka said council would only be authorizing city staff to seek bids the investment pool along with the local banks and felt we should not away the opportunity to make an additional $60,000 per year. After further discussion, Jim Hawkins made a motion to deny approval of the Resolution. Bill Scoggins seconded the motion which carried 5-2 with Wade Lnenicka and John Steely opposed. (C) Ordinance - transfer stations John Patterson stated the transfer method of waste disposal has recently been implemented in Cobb County, where waste is taken to these locations and then transferred to regional landfills for disposal. The City has been working for some time on development of an ordinance that will govern such uses. Jack Shinall said this is a lengthy ordinance that will be on file in the office of the City Clerk. We already have a transfer station in operation and they are doing a good job and have no problem with the ordinance. Mr. Shinall made a motion the ordinance be adopted as presented. Jim Hawkins seconded the motion which carried 7-0. (D) Approval of business license fees for transfer stations Mr. Shinall said in conjunction with the ordinance, it provides that we are allowed to establish a business license fee. The recommended fee is a $100 flat fee plus $.50 per ton for all garbage and trash taken to a transfer station. The $100 fee would be paid at the first of each year with the other business licenses and the $.50 fee would be payable within 30 days of the close of each calendar quarter. ....., Mr. Shinall made a motion the business license fees be approved. Kathy Jordan seconded the motion which carried 7-0. May 20, 1991 meeting - continued (E) Contract - transfer station services Jack Shinall stated this particular contract with Southern States Landfill allows us to dump trash and garbage at their transfer station on South Cobb Drive at South Cobb Industrial Park. The rates from July 1, 1991 to 1994 our tipping fees will be $25; from 1994 to 1997 they will be $27.50; from 1997 to 2001 they will be $30. For comparison, the tipping fee at Cobb County is now $41. If we continue to dump at Cobb County it would necessitate a garbage fee increase of $5 to $6 per month. The contract also pays to the city a host fee in the amount of $.50 per ton for any and all waste deposited to the transfer station from any other municipality. Also, for the time this contract is in effect, the business license fee will be offset by the tipping fees charged. - Wade Lnenicka asked about the expiration date of the contract. Mr. Camp said Southern States has agreed to honor the contract for 10 years but it would need to be ratified every 4 years since one council cannot bind another in a contractual agreement. The contract also can be cancelled upon 14 days written notice from the City. Jack Shinall file in the carried 7-0. made a motion the contract be approved as presented and kept on City Clerk's office. Wade Lnenicka seconded the motion which BID AWARDS: (A) Piano for Community Center Bill Scoggins made a motion the bid be awarded to Baldwin Piano and Organ for $2,887. Jim Hawkins seconded the motion which carried 7-0. (B) Gym equipment for Community Center Bill Scoggins made a motion the bid be awarded to Advanced Fitness Systems for $9,962. John Steely seconded the motion which carried 7-0. (C) Artwork for Library/Community Center ... Wade Lnenicka made a motion the artwork bid be awarded to Winn Regency Gallery, at $3,868.58, the low bidder meeting specifications Bill Scoggins seconded the motion which carried 7-0. (D) Rescue and fire fighting equipment for Station #4 Kathy Jordan stated unit prices were bid on firefighting equipment and made a motion the low bid be awarded for each individual item specified. Bill Scoggins seconded the motion which carried 7-0. (E) Telephone system for fire/police precinct Kathy Jordan Inade a motion the bid for the new telephone system be awarded to AT&T at $5,154.18. Wade Lnenicka seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: ... (A) (B) (C) (D) and (E) and Approval of Approval to Approval to Approval Dixie Avenue Approval Atlanta Road May 6, 1991 minutes purchase used vehicle for Police Department request bids for intersection improvements to request bids for traffic signalization at Windy Hill Road to construct roadway at Hamby Street (formerly Fuller Street) Bill Scoggins made a motion that items A, C, D and E be approved. Wade Lnenicka seconded the motion which carried 7-0. John Steely made a motion that item (B) be approved with the stipulation that the Police Committee review and approve the vehicle before the purchase is made. Jack Shinall seconded the motion which carried 7-0. May 20, 1991 meeting - continued SHOW CAUSE HEARINGS: John Patterson stated that during a recent sting operation, alcohol was sold to minors at three different locations. All criminal proceedings have taken place and the action tonight is to consider the possible suspension or revocation of their business license. (A) China Station Restaurant, 2528 Spring Road Lieutenant Joe Martin was sworn in with Mrs. Polly Chan, owner of China Station Lt. Martin said on April 5th, 1991, a 19 year old white male was sent into China Station where he purchased beer from the waiter, Ha Quach after failing to ask for any identification. Lt. Martin said he witnessed the sale and later cited Ms. Quach into Municipal Court where she was fined $500. The sting operations were conducted after receiving complaints through the Cobb County Police Department about sales being made to minors at several locations in the City. A total of 13 locations were checked, with sales made at three of those. '-' Mrs. Chan said she was not at the restaurant when the sale was made but the waitress has only been here for about one year and this was her first job. Ms. Quach was still in training at the time and thought the young man was in his late 20's. She has since been terminated. Mrs. Chan said they have posted signs in the restaurant to remind all employees that they should request identification and during their regular weekly meetings they are again reminded. After hearing all evidence, Bob Dav~s made a motion the license be suspended for 30 days or redeemed through payment of a $1,000 reinstatement fee. Jim Hawkins seconded the motion which carried 7-0. (B) Monterrey Mexican Restaurant, 2540 Atlanta Road Attorney Harold Karp and restaurant owner Jessie Onata were present. Mr. Karp said he did not realize the applicant, Kathie Lee Evans, needed to be present since he represented the owner and Ms. Evans was not present when the sale was made. -- Following discussion Jack Shinall made a motion the hearing be continued to the first meeting in June when the licensee could be present. Bill Scoggins seconded the motion which carried 7-0. (C) La Fiesta Mexican Restaurant, 2161 South Cobb Drive Licensee John stated that on Cresencio A. the sale and our Municipal Cobb County transported served at La Mills was sworn in with owner Carlos Hernandez. Lt. Martin April 5th, the same 19 year old white male purchased beer from Salgado, an employee at La Fiesta. Lt. Martin said he observed later issued a citation to the employee who was fined $500 in Court. This location was also checked following a report from that sales had been made to a minor to the extent that she was to Smyrna Hospital and treated for alcohol poisoning after being Fiesta. Mr. Mills said he worked at the restaurant only a couple of nights a week because he also worked full time for Southern Railway. He was not at the restaurant when this incident occurred and neither he nor Mr. Hernandez were familiar with the prior incident. The waiter who was cited into court has worked there 3 to 4 years and he did not card the 19 year old because he recognized him and believed that he had been carded and served on other occasions. Mr. Mills said he had held the license for 8 years and if he continued to do so, it would be under certain conditions, with one being that Mr. Salgado not continue working there. Otherwise, he would surrender the license. -- After hearing all testimony, Kathy Jordan made a motion the license be suspended for 30 days or redeemed through payment of a $1500 reinstatement fee. Bill Scoggins seconded the motion which carried 7-0. COUNCIL INPUT: Department and Jury. John Steely called on Stan Hook for a report from the Police stated we recently received an excellent report from the Grand May 20, 1991 meeting - continued Mr. Lnenicka said some yards in Vinings Glen were recently trenched and asked Chief Hook to maintain as much visibility as possible. There is a $1,000 fine for every passenger in the car for those who are caught. Kathy Jordan called on Chief Larry Williams who gave a progress report on construction of the new fire station. Jack Shinall asked Vic Broyles for a report on the resurfacing projects under the 1% local option sales tax program. Mr. Shinall said the intersection improvements on the consent agenda tonight were for Concord Road at South Cobb Drive; Village Parkway at Spring and an ingress lane at Smyrna Towers on South Cobb Drive. Mr. Shinall reported that ... tipping fees have increased from $23 to $25 and will equate to a slight increase that will probably be effective with adoption of the 1992 budget. Also, in October the Cobb-Marietta Authority will pass on an increase in garbage and water that they have already approved. Jim Hawkins said he thought council should be commended on passage of the ordinance and contract for the transfer station; this action should save the citizens approximately $6 per month. Sherry Reavis gave a report from the Parks Department and Laurel Best reported from the Library. Wade Lnenicka said the rain has continued to delay the creek improvement projects scheduled for his ward but the repaving projects should begin within the next few weeks. Mr. Lnenicka said he appreciated the recent donations to the Smyrna Library from the Friends of the Library group on behalf of Paul Buckley, a Smyrna citizen and charter member of the Friends of the Library as well as on behalf of his brother-in-law Hank Johnston, both recently deceased. Bob Davis said he would have a neighborhood meeting on May 23rd to discuss the proposed closing of Highland Drive at Spring Road. Mayor Bacon reported that a public hearing would be held at the next meeting ... to consider approval of the reapportionment plan. With no furthe:r.:el?~,Pess, meeting adjourned at 9:13 p.m. /?~/ ... ') I / (1-(/\..-.