9-18-89 council minutes
September 18, 1989
The regular scheduled meeting of Mayor and Council was held September 18, 1989
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor Protein Jim Hawkins. All council members were present. Also
present was City Adminis tra tor John Patter son, City Clerk Melinda Dameron, Ci ty
Attorney Charles E. Camp, Finance Director Emory McHugh, Parks and Recreation
Director Sherry Reavis, Library Director Laurel Best, Community Relations Director
Kathy Barton, Personnel Director Jane Sargent, Fire Chief Larry Williams, Acting
Police Chief Maj or Kent Sims, Engineer Mike Hutchinson and representatives of the press.
Mayor Protein Hawkins announced that Mayor Bacon was attending the National League of
Cities Policy Leader's Seminar in Chicago.
Invocation was given by John Patterson, followed by the pledge to the flag.
CITIZENS INPUT: Nothing to report.
Kathy Jordan presented
Commission member Robert
capacity.
the Jonquility
Orange with
Award plaque to
her appreciation
outgoing Clean
for serving in
City
this
PUBLIC HEARINGS:
(A) Privilege license - beer and wine package sales at South Cobb Amoco, 3402 South
Cobb Drive.
John Patterson stated that Leila G. Jackson has applied as license holder for this
location. This matter has been before council on two previous occasions, presented
with Robin Kim Jackson as license holder. The background investigation was favorable
but there were some concerns with the distances and how they were measured. There was a
large group in opposition.
Waymon Lunsford, Chairman of the Board of Deacons of Sharon Baptist Church was sworn
in representing the opposition along with Leila G. Jackson.
Rob Flournoy represented Leila Jackson and stated that prior submitting this
application he had read very carefully the alcoholic beverage ordinance before
having the survey prepared. Mr. Flournoy said the ordinance is in two parts; one says
that the structure of the licensee must be 300 feet from the church structure itself
and there is another section that says it must be 200 feet to the property line; that
is 200 feet from the center door of customer entry of the convenience store to the
property line on which the church is located. City Engineer Mike Hutchinson had
informed him that he was in error in his interpretation. Mr. Flournoy said the
application utilized by the City clearly states on item (B) of the checklist on the
front page that churches should be 200 feet from the property line. Mr. Flournoy
reminded council of the oath they had taken to uphold the ordinance without fear
or favor and said he would have never submitted this application without first making sure
they had met all the requirements. In addition, he had also submitted a letter
to the Business License Clerk and City Clerk asking that he be notified if
there was anything lacking in the application to please notify him, and no one has
notified him to say they do not meet distance requirements. Mr. Flournoy quoted a
case from State law, which stated basically that a license could not be denied
without justification, merely by being labeled an alcoholic privilege license.
While States and local governments have the right to regulate the sales of
intoxicating beverages as a valid exercise of police power, the power to regulate the
activity does not exempt the State from the operation of the 14th amendment. Absolute
and uncontrolled discretion by governing authorities to issue licenses invites
abuse. Municipal governments must exercise discretion and they must be tempered
with ascertainable standards by which an applicant can seek to qualify for a
license. In Georgia, a liquor-licensing ordinance must provide sufficient obj ecti ve
standards to control the discretion of the governing authority and adequate notice
must be given to applicants of the criteria for the issuance of the license. Mr.
Flournoy said they met the criteria and this license must be issued; if not, he
would file a lawsuit in which he would prevail.
Mr. Luns ford said he knew council would do what was right tonight
chairman of the board of Deacons, felt it would be very inappropriate to have
out their church door directly across the street to see the beer lights
location and believed it would deface their church to have them there.
bu t as
to look
at this
John Patterson read from Section 3-26 (8) of the ordinance, which says that no license shall be
issued for the sale of malt or vinous beverages, where the place of business of the
applicant is located within a distance of 300 feet from any church, school, public
park or library. Measurements in lineal feet shall be made from the center 0 f any
door of customer entry to the proposed premises of licensee to the nearest property
line. Distance is also defined in the code as being the measurement in lineal feet
from the front door of the proposed premises of licensee to the nearest property line
of any church, school, library, college, private residence or public park as defined, by the
nearest means of travel, which shall mean the normal route of ingress and egress
of the property in question. City Engineer Mike Hutchinson measured the distance
at 277 feet by the nearest means of travel as defined in the code. Mr. Flournoy
agreed that the distance was less than 300 feet and his own survey showed a
distance of 280 feet from the Amoco to the church. Mr. Flournoy completed reading
Section 3-26 (8) which states that in no event shall the building containing such
establishment be located closer than 200 feet from the property line of any
church, as measured by any means of measurement. This requirement can also be
waived by the owner of the affected property if they so desire.
Mr. Flournoy said that obviously the court would have to interpret the ordinance
and said he had contacted Mr. Camp to ask for his interpretation. He said the ordinance
meant a distance of 300 feet to the church building and 200 feet to the property line. In
addition, the application does not mention a 300 feet requirement.
Mr. Camp said if Mr. Flournoy called about the distance requirement he may have
misunderstood and he apologized if he did, but the ordinance clearly states a
distance of 300 feet measured from the front door or business establishment to
the property line. The 200-foot requirement is to prevent an applicant from
circumventing the ordinance by placing the door of his customer entry in a
location that would allow them to meet the 300-foot requirement.
Jack Shinall reminded Mr. Flournoy that the responsibility of proof in applying
for a license lies with the applicant and not an employee of the City. Mr.
Shinall questioned Mrs. Jackson who stated she held 60% of the stock in the
corporation for this license. Also, she is a stockholder in the corporation for the
Amoco location at South Cobb and Powder Springs Road. Mrs. Jackson said she was aware
of the recent violation at the Powder Springs location where one of the employees made a
sale to an underaged person. Jack Shinall asked if the employee who made the sale
was terminated after the violation and Mrs. Jackson said he was transferred to
another location but has now been terminated.
Mr. Lnenicka said at the show cause hearings conducted last month, Mr. Flournoy stated
that the employee of the Amoco location at Powder Springs and South Cobb had been immediately
fired and Mrs. Jackson has just stated that he was transferred to another location
after the violation occurred. Mr. Flournoy said he apologized for that, but was
under the impression that the employee had been fired. Mr. Lnenicka said he was
concerned that Mrs. Jackson, as a stockholder with controlling interest in these
businesses may not be fully in control of the business operations.
Mike Hutchinson was later sworn in by Mr. Camp and testified that he measured the
distance with a measuring wheel, which gives a good approximate estimate. He measured
the distance from the location to the church at 277 feet, and 278 feet back the other
way. Distance was measured from the center of the door on the south side of the station to
the property by walking the best route to the property line at the driveway of the
church. The distance was measured by the nearest means of travel and the property
line was determined by the location of the utility poles.
John Steely made a motion the license be denied at 3402 South Cobb Drive
because it does not meet distance requirements. Bill Scoggins seconded the motion.
Jack Shinall read a portion of Section 3-22 of the ordinance which states that no
original license for the sale of alcoholic beverages shall be issued to any person
for pecuniary gain where any individual having an interest either as owner,
partner, principal stockholder, directly or indirectly beneficial or absolute, or
his spouse, shall have been convicted or shall have taken a plea of nolo
contendere within 10 years immediately prior to the filing of said application for
any felony or misdemeanor of the State or of the United States or any municipal
ordinance except traffic violations. Wade Lnenicka asked Mr. Camp if he felt the
application met all distance requirements. Mr. Camp said that is a decision that must
be made by council; the measurement was made by the City Engineer and the ordinance
says measurement must be made from the door to property line by the nearest means of
travel. Vote on the motion to deny carried 6-0.
(B) Variance - side yard setback reduction for addition to home at 345 Lee Street.
John Patterson said that Carl and Nancy Hampton have requested a variance on the side
yard setback from 10 to 7.5 feet to enlarge their den. A letter was received from
the adjacent property owner and there was no opposition from the audience.
Mrs. Hampton said their den is now 12 x 19 and they would like to enlarge it by
extending the south wall, which now is 7 1/2 feet from the property line. The
addition will be a straight-line continuation and will not extend any closer to the
property line than the existing structure.
Wade Lnenicka made a motion the variance be approved as requested. Bob Davis seconded
the motion, which carried 6-0.
(C) Zoning request - 1559 Roswell Street from Limited Commercial to General Commercial.
Bill Scoggins made a motion the zoning be tabled to the October 2nd meeting at the
request of the applicant, Edwin B. Davis. Wade Lnenicka seconded the motion, which
carried 6-0.
(D)
Variances
reduce lot width and side yard setback at 1559 Roswell Street.
Bill Scoggins made a motion the variances be tabled to the October 2nd meeting
at the request of the applicant. Wade Lnenicka seconded the motion, which carried
6-0.
FORMAL BUSINESS:
(A) Resolution - Civil Service Board appointment.
Wade Lnenicka made a motion this item be tabled to the October 2nd meeting. Bill
Scoggins seconded the motion, which carried 5-1, with Jack Shinall opposed.
(B) Set date to hear appeal of Recorders Court - Alice Roden.
John Steely made a motion the appeal by Alice Roden be heard October 2, 1989. Kathy Jordan seconded
the motion which carried 6-0.
(C) Request to work weekends - Chateau Walk Subdivision.
John Patterson said Jack Thompson has requested approval of an extension of working
hours in Chateau Walk Subdivision for Saturday only from 8:00 a.m. to 6:00 p.m. for a one-year
period.
Jack Shinall said this new development abuts a residential section and made a motion
approval be granted to work Saturdays only from 9:00 a.m. to 4:00 p.m. for a 12-month period. Bob
Davis seconded the motion, which carried 6-0.
(D) Request to work weekends - Ruby Tuesday's, South Cobb Drive.
John Patterson said that Joe N. Guy Company has requested an extension of working
hours to include Saturdays from 8:00 a.m. to 6:00 p.m. and Sundays from 10:00 a.m.
to 4:00 p.m. for approximately 2 months to allow completion of the new Ruby Tuesday's
on South Cobb Drive.
Jack Shinall made a motion approval be given to
in keeping with our policy of not
Jordan seconded the motion which carried
work Saturdays only from 8:00 a.m. to 6:00
allowing Sunday construction work.
5-0, with John Steely abstaining.
p.m. ,
Kathy
(E) Approval to re-bid trailer mounted detour light.
Jack Shinall said the bids opened at the last meeting for a trailer mounted detour
light did not meet all specifications and made a motion the bids be rejected and re-
bid. Kathy Jordan seconded the motion which carried 6-0.
(F) Appointment to Clean City Commission - Ward 6.
Kathy Jordan made a motion that Debbie Bellis of 2185 Trailwood Drive be
appointed to the Clean City Commission representing Ward 6. Wade Lnenicka seconded
the motion, which carried 6-0.
BID AWARDS:
(A) Copiers for City Hall and Police Station.
Wade Lnenicka made a motion the copier for City Hall be awarded to Eastman-Kodak at
their bid price of $12,917.50 based upon their guaranteed response time for
maintenance and service, quality and performance. Kathy Jordan seconded the motion
which carried 6-0.
John Steely made
Business Systems
service provided
carried 6-0.
a motion the copier for the Police Department be awarded to Danka
for the Savin 7065 copier at $12,066.50 for price and excellent
the past several years. Kathy Jordan seconded the motion which
(B) Motorcycles for Police Department.
John Steely made a motion the bid from Earl Small Harley be awarded to purchase
three (3) Harley Davidson motorcycles at $6,250 each since they are a local dealer,
making service and maintenance more convenient. Kathy Jordan seconded the motion which
carried 6-0.
(C) Backhoe for Public Works.
Jack Shinall made a motion the
awarded to Metropolitan Tractor,
seconded the motion which carried 6-0.
backhoe for the
the low bidder
Public Works
at $55,000.
Department be
Kathy Jordan
COMMERCIAL BUILDING PERMITS: Nothing to report.
CONSENT AGENDA:
(A) Request bids for sedan - Fire Department
(B) Request bids for pool bathhouse - Jonquil Park
(C) Paving Public Works complex apron
Wade Lnenicka made a motion the consent agenda be approved. Bob Davis seconded
the motion, which carried 6-0.
COUNCIL INPUT: John Steely read a letter from Ms. Joyce Gaines commending Officers
Lee and Ables on the kind and courteous manner in which they responded to an
accident involving her daughter several days. Mr. Steely expressed his
appreciation to the Police Department and especially to these two officers.
Kathy Jordan reminded everyone to please be mindful of the construction on Windy
Hill Road which will take some time to complete.
Jack Shinall said he had received several calls from Hickory Acres Subdivision
homeowners about Hickory Acres Drive being opened up into the new Chateau Walk
Subdivision and assured everyone that this street will remain closed. The work
that is going on at the end of the street is water line construction, since
they are in the City and must tie onto the City water line.
Jack Shinall said there are two music studios operating from homes in his area and
he has received quite a few complaints about the noise.
Bill Scoggins reported on activities in the Parks and Recreation Department.
Wade Lnenicka said he went to the first football game of the season for Smyrna
High School and was very pleased with the support of the community. Mr. Lnenicka
also wished Barbara Patterson a speedy recovery from her recent surgery.
City Engineer Mike Hutchinson said his department along with the
Department would begin inspections of the Heritage Apartments next week.
Fire
Jim Hawkins said the Georgia Convenience Store Association held a seminar at City
Hall today to educate alcoholic beverage license holders on how to properly card
people. The meeting was very well attended and Mr. Hawkins said he was pleased to see
the business people in our community supporting the program.
Mr. Hawkins said the North Georgia State Fair will start September 21st and run
through the 30th.
With no further business, meeting adjourned at 8:40 p.m.
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