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February 18, 1991 Council Meeting February 18, 1991 The regular scheduled meeting of Mayor and Council was held February 18, 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 except for Jack Shinall and Bob Davis. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks and Recreation Director Sherry Reavis, Finance Director Emory McHugh, Police Chief Stan Hook, Communications Director Steve Ciaccio, Personnel Director Jane Mears, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Fire Chief Larry Williams and representaLives of the press. Invocation was given by Michael Cagle, pastor of Smyrna Church of Christ followed by the pledge to the flag. ... CITIZENS INPUT: Dewey Howard of 5045 River Valley Drive stated one of his part time employees who is 18 years old was recently stopped during a routine traffic check. He did not have his drivers license with him and was arrested and handcuffed. Mr. Howard said he was told it was their standard operating policy to cuff anyone arrested regardless of age, but he thought it was wrong. Chief Stan Hook said it is normal policy to cuff anyone arrested and it was not only a city policy, but. was a generally accepted policy State-wide. Chief Hook said he also thought it was offensive and had considered changing it many times. Mayor Bacon said he would ask the Police Committee to look into this matter and make their recommendation. SHOW CAUSE HEARING: Jim Hawkins made a motion the show cause hearing for Oasis Bottle Shop be continued once more, to March 4, 1991. Wade Lnenicka seconded the motion which carried 5-0. PUBLIC HEARINGS: (A) Annexation of property at 3603 Carson Drive Allan Kahlife requested the annexation of his home at 3603 Carson Drive. All advertising requirements have been met and there was no opposition. Wade Lnenicka made a motion the property be annexed and made a part of Ward 2. John Steely seconded the motion which carried 5-0. .. (B) Beer and wine pouring license - Pizza Hut, 3815 South Cobb Drive John Patterson stated that John Patrick Duffey has requested that the pouring license for Pizza Hut be transferred to his name. The police investigation was favorable and there was no opposition. Mr. Duffey said he had been a resident of Cobb County for 2 1/2 years and was the Area Manager for Pizza Hut, supervising 8 restaurants. The previous agent was relocated out of State and Mr. Duffey said there had been no violations to his knowledge. Mr. Duffey said he was diligent in checking employee files to be sure they were properly trained and certified. Mr. Lnenicka said the City periodically conducts reminded Mr. Duffey that he would be personally violations. Mr. Lnenicka made a motion the license be John Steely seconded the motion which carried 5-0. sting operations and accountable for any approved as requested. FORMAL BUSINESS: (A) Bid opening - tennis court resurfacing, Jonquil Park Bids were opened, read and recorded as follows: .... Premier Coating Whalen Tennis Company Atlanta Recreation Crawford Construction $3,400 $4,900 $3,438 $3,565 Bill Scoggins made a motion the bids be turned over to the Parks Committee for their recommendation back to full council at the next meeting. Kathy Jordan seconded the motion which carried 5-0. (B) Amendment to short term disability policy John Patterson said disability plan for altered in response that all to several years ago the City adopted a short term full time employees and two years ago the plan was some needs that had been identified as un-met. February 18, 1991 meeting - continued Basically, the plan was changed and upgraded from where the insurer paid an employee 2/3 base salary after a 7 day wait for six months duration, to one where the City payroll department paid the employee full salary with no waiting period for six months duration. The current revision of the STD plan will return the program to about what it was prior to its being upgraded. A recent review of the City's sick leave repayment plan has resulted in these revisions to the STD plan. Jim Hawkins stated the Finance Committee had recommended that the following four steps be included in the short term disability plan (6 months), after which time the long term plan would go into effect. Weekly benefit paid directly from the insurer to the employee will be approximately 2/3 weekly wages minus taxes. ... Employees must satisfy a 10-day waiting period by using (in this order) all their current year sick leave, any remalnlng frozen sick leave, any accumulated comp time/vacation/annual leave. No increase in salary will be processed while an employee is on disability. No employee recelvlng a benefit under the short term disability program in any calendar year will be eligible for any sick leave remuneration at the end of that year. Jim Hawkins made a motion the amendments be approved. Bill Scoggins seconded the motion which carried 5-0. (C) Validate petitions to annex homes on Valley Oaks Drive Attorney Camp read the application for annexation of 50 duplex units on Valley Oaks Drive as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the state of Georgia, said property being annexed being described as follows: ... All that tract or parcel of land lying and being in Land Lot 420 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the corner common to Land Lots 373, 374, 419 and 420 and running east along the south land lot line of Land Lot 420 a distance of 320.4 feet; thence north a distance of 1337.7 feet to the south right of way line of Pat Mell Road; thence west along said right of way a distance of 320 feet to the west land lot line of Land Lot 420; thence south along the west land lot line of Land Lot 420 a distance of 1317.7 feet to the corner common to Land Lots 373, 374, 419 and 420 and point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION Witness the hands and seals of 60% of the electors resident in the annexed area: s/DAVID ALAN DAY, LINDA KAY DAY, ALBERT MATTHEW SEVASTOS, REGINA R. NELSON, GARY N. NELSON Witness the hands and seals of 60% of the owners of the land area by acreage: s/DAVID L. ROMEO, JANET SEROJIAN BISHOP, HAROLD PANTER, H. DENNIS PANTER, S. CRAIG PANTER, CHRIS H. BURNETT, JOHN W. BOYKIN, J. S. GRAEFF, GRAYLON MILLER, BENJAMIN C. JOHNSON, WAYMON D. STORY, ATIF M. DABDOUB, JOYCE MULLINIKS, PATRICIA S. BAGLEY, FRANK L. FERRIER ... Kathy Jordan made a motion the petition be validated and the public hearing set for March 18, 1991. John Steely seconded the motion which carried 5-0. (D) Ordinance street numbering procedures John Patterson stated inconsistencies in the have created their own legitimate. Renumbering there are several areas in the city with street numbering and in some cases, property owners numbers which the postal service has identified as in these cases will ensure minimum response time for February 18, 1991 meeting - continued emergency services, aid in the coordination of services from non-emergency city department, and eliminate confusion. John Steely made a motion the code of ordinance be amended by including the following new sections to read as follows: Sect. 10-24.1 Guidelines for street Address changes The Community Development Department of the City of Smyrna shall have the authority to create or change the s"i~reet address of any property in order to eliminate any confusion or inconsistencies that may affect public safety. Sect. 10-24.2 Penalties Property owners shall have a m~{imum of ninety (90) days upon written notification from the City of Smyrna to comply with Section 10-24.1. Failure to do so shall constitu"te a fifty (50) dollar fine and an additional fifty (50) dollars every ninety (90) days thereafter until code compliance is met. .... BID AWARDS: Jim Hawkins seconded the motion which carried 5-0. Construction of fire station Kathy Jordan made a motion the bid for construction of the new fire/police precinct be awarded to Benefield & Associates, at the low alternate bid of $321,182. John Steely seconded the motion which carried 5-0. John Patterson stated their construction scheduled was 120 days, which should allow completion around the same time as the new community center and library. CONSENT AGENDA: COMMERCIAL BUILDING PERMITS: Nothing to report. ... (A) Approval to request bids for police cars (B) Approval to request bids for telephone system (new fire precinct) (C) Approval of February 4, 1991 minutes (D) Budget adjustment - police department personnel Kathy Jordan made a motion the consent agenda be approved. John Steely seconded the motion which carried 5-0. COUNCIL INPUT: Sherry Reavis reported on Parks activities. Jim Hawkins said that on February 26th, budget work papers would be distributed to department heads and the Finance Committee would like very much to see a no growth budget, especially in capital items. Mr. Hawkins said it was almost essential that we continue to operate under the same amount budgeted for the current year because there will be no new income sources. Mr. Hawkins said he has received several calls about a tower recently erected on Gann Road. The tower is on private property in the unincorporated area of the county and is owned by Pac-Tel Cellular. Kathy Jordan reported that Firefighter Jeff Pierson was just called up for active duty in the Marines and extended best wishes to him. ... -?~eeting A. MAX BACON, MAYOR adjourned at 8:13 p.m.