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April 4/7/18, 1988 Council Meeting The regular scheduled meeting of Mayor and Council was held April 4, 1988 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 Kathy Jordan. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Mayor Bacon stated that Kathy Jordan had broken her leg and was at home recuperating. Invocation was then given by Reverend Elmer Foust, pastor of Welcome All Baptist Church, followed by the pledge to the flag. Forster Puffe, a resident of Creat Trail said a petition had to the City several months ago from residents in his neighborhood requesting speed humps on Creat Trail but they still have not been installed. This is a residential street and traffic sometimes exceeds 50 MPR. Also, there is a deep depression in the street in front of his home caused from erosion under the pavement and Mr. Puffe said he did not understand why these problems could not be taken care of more expeditiously. Mayor Bacon said he did not know why the speed humps have not been installed but would ask Wade Lnenicka to check into it. Also, he would have the street repaired this week. Reports were given from the Police, Clean City and Parks Quik Trip Mayor Bacon said if there were no objections from council, (C) up on the agenda, to approve the management change for South Cobb Drive. John Patterson said that Mr. Douglas Patrick Cussimanio has submitted an application to be the appointed agent and manager for Quik Trip on South Cobb Drive. This location was approved for a package license in January 1987. The police investigation was favorable and there was no opposition from the audience. Mr. Cussimanio said he has worked for Quik Trip for 7 1/2 years and has been at this location since they opened. When the store first opened, he did not meet the residence requirements but now that he does, would like to have the license transferred to his name. Mr. Cussimanio said he was familiar with the ordinance and understood that he was responsible for any violations. Wade Lnenicka made a motion the license be approved. Bob Davis seconded the motion which carried 6-0. (A) Exchange of right of way for Campbell Road. John Patterson said that some time ago, the property at the corner of Spring and Campbell Road was rezoned for the Campbell Corners Shopping Center and at that time there was a stipulation required by the City of the developer to relocate Campbell Road. For a number of months prior to the rezoning, there was an issue of safety at the existing intersection. The State Department of Transportation requested the relocation in an alignment that woul.d put j_t at more of a 90 degree angle. The City required the developer of Campbell Corners to relocate the road, and bear all associated expenses. Tonight is a formalization of the process in approving the swapping of the right of way of the newly proposed Campbell Road for the old Campbell Road that will be taken out of existence. The exchange of right of way will not hurt any access to Campbell Road; it will simply provide better access. The developer was not a party to this and would actually prefer not to build the new road, but is doing so at the City's request. Conley Ingram represented Bill McKenna in opposition. Mr. Ingram said that the McKenna family originally gave the property for Campbell Road and Mr. McKenna owns the property on the south side. Mr. McKenna objects to the proposal by the City to deed the abandoned right of way to RCC Investment which would deprive him of about 500 to 600 feet of frontage on Campbell Road. In an effort to not delay the action tonight, Mr. McKenna met with RCC Investment, City staff and others involved and made a proposal in a spirit of compromise, the last of which was a meeting last Wednesday at City Hall. A copy of the proposal was mailed to Mr. Dupree, Mr. Crim and Mr. Patterson but Mr. McKenna has had no response. Mr. Ingram said they were left with no recourse but to be here tonight. Mr. Ingram said if indeed the City does own Campbell Road they would have the right to close and abandon it, provided they follow State law. The method the City is proposing to use tonight by closing the road and conveying fee simple title to it in exchange for the new Campbell Road, they think, does not follow state law. If it is approved tonight, Mr. Ingram said they would have no alternative but to challenge the action they take since it would deprive Mr. McKenna of the road frontage he now enjoys. In the compromise proposal, he has asked simply that one-half of the existing Campbell Road bordering his property to the centerline be conveyed to him and is willing for Mr. Crim to have the other one-half of the road. Mr. McKenna would also want an outlet on Spring Road for access to his property. Mr. Ingram said Mr. McKenna wants to be cooperative, but is left with no recourse but to pursue his legal rights to protect the frontage he now has on Campbell Road. Jerry Mills asked Mr. Ingram about the questions he raised concerning the legality of the action tonight since the property was posted and notices of the public hearing were advertised in the newspaper. Jerry said the City's concern was for the flow of traffic from a safety standpoint. Mr. Ingram said he had a different opinion about the right of the City to convey the abandoned roadbed. Bob Davis said he has had numerous meetings with citizens over the development of the Campbell Corners shopping center and we had received a request from the state DOT to re-route the road for safety purposes and this issue, he thought, was resolved when the Campbell Corners property was rezoned one year ago. Mr. Ingram said he thought Mr. McKenna had been somewhat frustrated in his effort to get some understanding wi.th the developer and he has tried a number of times to have meetings. All efforts have been unsafisfactory and that is why they are here tonight. John Patterson said at the meeting last week with Mr. McKenna, he made the statement that he thought the 91 feet of frontage on Spring Road for 425 feet on Campbell Road would be a fair swap. Mr. Ingram told Mr. Patterson his recollection of that meeting was not accurate; Mr. McKenna has had an appraisal done on the property and what he decided then and now, is that he is being short changed. Jack Shinall asked Mr. Ingram how his proposal would change anything in regards to access to Mr. McKenna's property. Mr. Ingram said it would give him greater access on Spring Road than he would have, so that he could at least get into his 100 acres as it now exists. Jack Shinall asked how much frontage Mr. McKenna would have if the plat as presented was approved tonight. Mr. Ingram said he would lose 500 or 600 feet of frontage on Campbell Road. John Patterson said it was 425 feet on the plat. Jack Shinall said this zoning was heard after being properly posted and advertised; all plats were available at City Hall. Council required this developer to relocate the road and a condition of the zoning was the land swap for the new right of way. There was no one here to represent Mr. McKenna to object. Mr. Ingram said his point of view is he did not believe that gave council the right to take an abandoned road bed and give it in a swap in a way that would deprive Mr. McKenna's property of road frontage it enjoyed previously, without him having the opportunity of buying the abandoned road bed or at l.east sharing it one-half to the centerline. After hearing what Mr. McKenna's appraiser had to say, they learned the developer is benefiting greatly in terms of private ownership. Mr. Camp asked if Mr. McKenna had ever owned the property that RCC Investment is developing. Mr. Ingram said he believed at some point, it was in the family. Mr. Camp advised Mr. Ingram that he could not advise city council to do what he was asking tonight with respect to one triangle which appears to be 77 x 44 feet that the City has nothing to do with. Mr. Ingram said he realized that; he was asked to make a compromise proposal on behalf of Mr. McKenna, both to the City and developer, and if the City accepted the proposal totally, it would also require some cooperation by RCC Investments. Bob Betenbaugh asked if Mr. McKenna felt the Campbell Road frontage was more valuable than the additional frontage he will gain on Spring Road. Mr. Ingram said he thought that was right; the loss of frontage will cause his property to depreciate considerably and he will not be fully compensated by the additional frontage he will gain on Spring Road. Wade Lnenicka asked if Mr. Ingram had any documentation to support his statements concerning the decrease in valuation. Mr. Ingram said he did not have a written report; they had met with the appraiser who stated in his opinion the property would be affected in an adverse way. After further discussion, three people from the audience were sworn in by Mr. Camp to voice their opposition. Claire Ducy of Goodwood Boulevard asked about the plans for development of the outparcel which will be created by the relocation of the road. Bob Davis said they are considering a bank or service station, but nothing has been definitely approved. Deborah Lathem of Goodwood Boulevard said she was concerned because of Mr. Wallace's involvement in the development and felt that very likely, they would use the outparcel for a convenience store and objected to that. Ms. Lathem said she is already harrassed by high school students and Campbell Road needs cleaning up. A convenience store would only worsen the situation. Maureen Kirby of Campbell Road said she objected because her children attend Argyle El.ementary School and felt the relocation would make the intersection more dangerous because of the traffic from the shopping center. Ms. Kirby said the residents on Campbell Road were opposed to the shopping center origj.nally and still do not think they need it. Bob Davis said he had numerous meetings about this particular piece of property concerning the road conveyance and had very few where people were actually opposed to the shopping center at that time and did not have anyone who was opposed to re-routing Campbell Road to this particular point. The DOT recommended the relocation and requested it for safety reasons and for that reason, it was a stipulation of the zoning that the developer would re-route the road, build sidewalks add needed extra lanes, at their expense. Since the Georgia DOT and residents requested the exchange of right of way to improve safety conditions and RCC Investors has agreed to donate the land for construction of a new road in exchange for a portion of existing right of way, Bob Davis made a motion the exchange of right of way be approved, and the Mayor be authorized to sign all necessary documentation to accomplish this purpose in consideration of the public health, safety and welfare of our citizens. Jim Hawkins seconded the motion which carried 6-0. (C) Management change for beer, wine and liquor package license - Doc's Wines and Spirits, 2350 Spring Road. John Patterson said that Barbara Ann Brenner has made application as the owner and license holder for Doc's Wines and Spirits in Campbell Corners Shopping Center. The police investigaiton was favorable and there was no opposition. Attorney Lynn have been in Hargrove Road. county for 6 she will hire premises often. Rainey the r Mrs. 1/2 a ented Mrs. Brenner and stated she and her husband business for several years as owners of Doc's on Brenner said she has held the pouring license with the years and there have been no violations. Mrs. Brenner said manager to run the package store and she will be on the Bob Davis made a motion the license be approved. Wade Lnenicka seconded the motion which carried 6-0. CD) Rezoning request Commercial. 3023 Lee Street from Future Commercial to Limited John Patterson said that James Locklear is requesting the rezoning of thj.s parcel at the corner of Lee Street and Concord Road. Mr. Locklear is losing a number of parking spaces at his business due to the DOT widening and he is requesting that the property adjacent to him at the rear be rezoned to facilitate parking. Property to the north, east and west is Limited Commercial with Future Commercial to the South. The Planning and Zoning Board had recommended rezoning with the stipulation that the curb cut be designed in such a way that would discourage left turns onto Lee Street. There were three people who raised their hands in opposition who were sworn in along with Mr. Locklear. Mr. Locklear said the DOT acquired some of his property fron.tage in conjunction with the widening and by doing so have made his building useless by doing away with the parking area in front. Mr. Locklear said he owns the property at 3023 Lee STreet and he would like to combine the two lots. If the zoning is approved, he will reduce the size of the existing house to 700 square feet and close off the entrance facing Lee Street to have the building entrance facing Concord Road. Also, an 8 foot fence will be erected around the property to protect the homes adjacent to it. The house would then be used for a small office for a doctor, lawyer, etc. They will use the existing curb cut on Lee Street, engineered to allow only north bound traffic. Wade Lnenicka read a letter from the DOT to the Mayor and Council asking for their consideration in granting this zoning for Mr. Locklear. Bev Sawyer of Twin Oaks Circle presented a petition with 30 names opposing the zoning. Mr. Sawyer said this is a residential area and they do not want the commercial encroachment and did not want to see an office of any type on Lee Street. After seeing the plans and configuration of the curb cuts on Lee Street, Mr. Sawyer said he would withdraw his objection. Michael Lovinggood of Lee Street said he had no problem with the zoning with the configuration of the curb cut presented tonight, but was concerned about the sale of the property in future years. Marilyn Pennington of Lee street said she had l.ived in her home since 1955 and was totally opposed to the commercial zoning of any property on Lee Street. Also, Mr. Locklear does not currently have any parking in the front of his building, it is mostly on the side and back of his property. Mrs. Pennington said Lee Street is residential and she felt it should stay that way. John Patterson said this property if rezoned will require five separate variances because of the lot size, unless council wants to address these issues as a part of the rezoning tonight. Attorney Camp said if a motion was made to grant the rezoning and include in the motion that all the required variances be approved, it would be legal. After further discusison, Wade Lnenicka made a motion the zoning at 3023 Lee Street be granted from Future Commercial to Limited Commercial subject to the drawing presented tonight by Mr. Locklear, and that the variances that would be required under the Code be considered approved at this time subject to any future building that may be constructed on this site being subject to and in conformance to the Code at that time, and al.so conditional upon the recording of the proper plat to combine the two lots. Jerry Mills seconded the motion which carried 6-0. (E) Rezoning request 920 Cherokee Road from RM-12 to General commercial. John Patterson said that Don Laughran of McDonald's Corporation is requesting the rezoning of this parcel to relocate the existing McDonald's on Cherokee Road to this site. The existing drainage through the property will have to be routed in a manner to meet city specifications and the right of way necessary to facilitate the widening of Cherokee Road will have to be conveyed to the county before building perm.its can be issued. other conditions must be met if approved, such as a 6 foot fence on the back of the property and sidewalk placement. The Planning and Zoning Board had recommended approval of the rezon i~ng and there was one person in the audience in oppos i tion . Mr. Laughran was sworn in with the opposition. Mr. Laughran said they will relocate McDonald's and rebuild the existing structure ~to remove any resemblance to McDonald's. The new restaurant w.ill be 4,000 square feet with plenty of landscaping and parking. There will be access to the new location from Ward street and Cherokee Road and it will be a much better location for them. McDonald's has been working with the Department of on the drainage problem and they are willing to do whatever is to help correct it. A solid cedar fence will be placed along the rear the property line to help reduce the volume from the speakers at the drive-thru window and trees on Cherokee Road will be maintained. Randy Cannon rezoning and of 2323 Ward street presented a letter in opposi ti.on to the a letter from the DOT about the drainage problem, which he said no one will accept the responsibility for. Mr. Cannon said his father's name was on the deed as one of the original owners of this property and there is a restrictive covenant on the deed that prohibits certain usage, including drive- in restaurants. Mr. Cannon said since there is a stipulation on the property he felt it would be a violation of his constitutional rights to have it rezoned_ The noise from the speakers was a concern but that has been take care of. Mr. Cannon said his main concern is the problem with the water runoff. Also, he thought a McDonald's would hurt his business and his apartments have never had a vacancy since they have been built. Mr. Cannon said he thought it would be premature to rezone the property until someone was willing to accept responsibility for the problem and correct it. In response stated that deed. to Mr. council Cannon's statement about the covenants, Attorney Camp could not enforce any private covenants recorded on the Mr. Laughran said he realized there is a problem with drainage and they have volunteered to work with the state and County to see that it is corrected. John Patterson said there is going to be a re-routing of the water down Cherokee Road which should alleviate the problem and Cobb County has agreed to make improvements and assist in this matter. Following discussion, Jack Shinall said property on Cherokee Road is, in his opinion, General Commercial and the restrictive covenant is a civil matter to be resolved between the other parties. Jack Shinall made a motion the property at 920 Cherokee Road be rezoned from RM-12 to General Commercial with the fOllOWing stipulations: 1) Existing drainage through the property will have to be routed in a manner which meets City of Smyrna specifications. 2) Necessary right of way to facilitate the widening of Cherokee Road to be conveyed to the county before issuance of building permits. 3) A six foot opaque fence to be constructed along the backside of the curb, due to grade differentials, on the south and east property lines. 3) A sidewalk 5 feet in width to be required along the entire property frontage on Cherokee Road. 4) Sidewalk placement must be coordinated with the Cherokee Road widening project. 5) Any amount of money equal to the construction cost of this to be placed in escrow for construction at the time the road is widened. Jerry Mills seconded the motion which carried 6-0. (F) Variance request - side yard setback at 1191 Medlin STreet. John Patterson said that Kevin Williamson is requesting that the side yard setback be reduced from 10 feet to 5 feet for construction of a 22 x 30 garage containing approximately 660 Square feet. The adjacent property owners do not object to the variance. Mr. Williamson's house contains approximately 900 square feet which means the accessory structure will exceed the maximum 25% coverage as provided by our ordinance. The letter of hardship also indicates that the garage may be used for business activities. There was no opposition. Mr. Williamson said his hobby was racing cars and he was presently storing his car at his parents house. The car needs weekly maintenance work and he would like to keep it at his home. Also, he needed a garage large enough to store his tools. Jim Hawkins asked Mr. Williamson if he had talked to his neighbors to the rear about the variance since it would affect them also. Mr. Williamson said he had not discussed it with them recently, but sometime ago he did talk to them about a garage on his property and they did not seeru to be opposed. Jim Hawkins said this request tonight was actually for two variances due to the size of the bUilding. Jim Hawkins made a motion the variance be approved but warned Mr. Williamson about conducting any business or activities from his home that would create a disturbance or cause complaints from the neighbors. Bob Davis seconded the motion which tied 3-3. Voting for the motion was Jim Hawkins, Bob Davis and Wade Lnenicka. Opposed was Jerry Mills, Jack Shinall and Bob Betenbaugh. Mayor Bacon voted in opposition to break the tie and deny the variance. (A) Bid openings: Bids for a 1988 pickup truck for the Parks Department were opened, read and recorded as follows: Capital Ford Beaudry Ford Wade Ford $10,265.70 $ 9,749.00 $ 9,700.00 cJack Shinall recommendation carried 6-0. made back a motion the bids be turned over to committee wi-th their to full council. Wade Lnenicka seconded the motion which Bids for a follows: for Public Works were opened, read and recorded as Days Chevrolet Fouts Brothers Wade Ford Chuck Clancy Ford $11,775.00 $12,839.46 $11,019.00 No bid Wade Lnenicka recommendation carried 6-0. made back a motion the bids be turned over to committee with their to full council. J.im Hawkins seconded the motion which Bids for a Public Works were opened, read and recorded as follows: Coweta Farm Supplies Ponce DeLeon Ford Tractor Cobb County Tractor $12,260 $12,112 $11,984 Wade Lnenicka recommendation carried 6-0. made back a motion the bids be turned over to the committee with a to full council. Jack Shinall seconded the motion which Bids for a recorded as were opened, read and Acme Fence Fence World Allied Fence Groover Fence $ 9,712.00 $ 7,975.00 $10,532.00 $12,894.60 Jerry Mills made a recommendation back carried 6-0. motion to full the bids council. be turned over to committee with a Jack Sh_inall seconded t:he motion wh.ich (A) Sewer rehabilitation - phase IV. John Patterson said the actual low bid for Phase IV of the rehabili tat:ion project was from J. S. Haren Company at $964,153.90. However, their company is based in Tennessee and they have only been in business since August 1987 and were unable to provide references for a complete project of this type that they have completed. It was the recommendation of the engineer to accept the second low bid from Trescon Corporation at $989,559.25. Based upon the recommendation from Welker & Associates, Wade Lnenicka made a motion the bid be awarded to Trescon Corporation at $989,559.25. Jack Shinall seconded the motion which carried 6-0. CONSENT AGENDA: (A) Block Hunter Street and Bank Street for April activities (B) City limit signage (C) Quit claim deeds and maintenace agreements for Atlanta Road (D) Rate schedule for Smyrna Cab (E) Approval of March minutes (F) Parade permit June 11 for Ponders Baptist Church Vacation Bible School (G) Approval to request bids for Sand Kat 725G Jack Shinall made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 6-0. Jack Shinall reminded everyone of the choral presentation by High Schools at Cumberland Methodist Church, to benefit the Jerry Mills Fund. With no further business, meeting adjourned at 10:50 p.m. KATHY BROOKS JORDAN, WARD 6 A special called meeting of Mayor and Council was held April 7, 1988 at Smyrna City Hall. The meeting was called to order at 6:30 p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Kathy Jordan. Also present was City Administrator John Patterson, City Attorney Charles E. Camp and City Clerk Melinda Dameron. John Patterson said that Thomas S. Mahaney had filed a grievance against the City due to his transfer from the Suppression division of the Fire Department to the Fire Prevention Bureau. He felt the transfer was improper and has petitioned through the proper channels to appeal the transfer, first to Chief Williams ~ then the Fire Committee and now "to full council. Lieutenant Mahaney was sworn in with Chief Larry Williams, Captain Jim Ruffner and Lieutenant David Hancock. Lieutenant Mahaney presented a copy of Public Law 99-150 concerning discrimination against an employee with respect to wages or other terms or conditions of employment and a copy of case 73562, Ellis-Adams vs. Whitfield County Board of Education concerning the transfer of an employee as the basis of his appeal. Lt. said he felt he had been discriminated against under the Fair ds Act and his transfer to the Bureau of Fire Prevention was ret the part of Chief Williams because of the pending law suit be members of the Fire Department and the City. Lt. Mahaney said Chief Williams did not ask him his opinion or anything before making the transfer and he and his lawyer assumed that because of that, the action was retaliatory. His lawyer has filed a suit on this issue and advised him to go through the appeal process. Lt. Mahaney said the situation could be remedied tonight and go no further if council voted in favor of his appeal. Lt. Mahaney said he did not disagree with the transfer; Chief Williams has the authority to do that but he was saying it was done because of the law suit that he is a party to. The law suit was filed over the deduction of sleep time and meal time in the Fire Department which is against the law and they feel they are entitled to overtime pay for that. Jerry "lls asked Lt. Mahaney if he had any proof he had been discriminated because they would need that in making a decision. Lt. Mahaney said only thing he could go by was the Public Law 99-150 Section 8 paragraph he had presented to council. the that Attorney Camp asked if anyone else had been retaliated against and LT_. Mahaney said no, not that he was aware of and his salary was not reduced. Mr. Camp asked what, exactly, was to his detriment. Lt. Mahaney said the transfer would not all_ow him to work a part time job and although he does not have a part time job at the moment, he did have. Jerry that with this, Mills reminded Lt. Mahaney that he had a full time job with the City had nothing to do with the part time work. Lt. Mahaney said he disagreed that and he did not work for the City full time, because according to the City would have to pay him more money. Attorney Camp said it would appear to him that Lt. Mahaney got more or less a promotion because the Fire Marshal's job certainly carries more prestige. Following a quest.ion from Mr. Camp, Lt. Mahaney said he thought anybody involved in the law suit would have felt the same way if they had been transferred. Mr. Camp asked how many people were involved in the law suit, and Lt. Mahaney said there were at I_east 25. Mr. Camp said it would handcuff the department if Chief Williams had to eliminate transfers for those people and told Lt. Mahaney that he had to show that discriminatory action had been taken against him, not just the action in general. Jerry Mills also stated he did not understand the basis for the grievance and it would be left up to the courts to make a decision on the law suit. Mayor Bacon asked Lt. Mahaney if he would have filed the grievance if he had been transferred to another station. Lt. Mahaney said he woul.d not, as long as he kept the same hours and working conditions. Following questions from Jack Shinall, Lt. Mahaney stated he did not have a part time job when the move was made, his pay was not cut in any manner, and he had not tried to obtain a part time job on weekends or evenings since the transfer. Concerning responsibility, Lt. Mahaney said responsibility would be about equal. Chief Williams said that several changes he had wanted to make in the department for the last year he had not made, because of the threats he would hear about action on the law suit but it reaches a point where the protection of life and property of the citizens of the city are the primary concern. This is one of those cases. Lt. David Hancock was in the Bureau where he served for approximately 1 1/2 years and he had requested a transfer out of the Bureau on a number of occasions. This was done in writing and verbally. Lt. Hancock had some performance problems and had some conflicts with the Fire Marshal and after consideration it became evident it was time for some changes. Chief Williams said Lt. Hancocks skills in the Fire Suppression division outweigh those of Lt. Mahaney and feel that Lt. Mahaney's administrative type skills outweigh those of Lt. Hancock so this is a case of putting the best man in the best job to serve the citizens of Smyrna. Chief Williams said Lt. Mahaney's record in his office does not indicate any part time employment, since that is always a concern of firemen, nor was he aware of Lt. Mahaney ever hav _ing a part time job. For that reason, that was not a concern and there was nO consideration given to that issue. Chief Williams stated that Lt. Mahaney's perfo=nance while in the Bureau has been very good and they are quite pleased with his efforts. Basically, Lt. Mahaney was transferred in the best interest of serving the citizens and in his opinion, was best qualified on the administrative end, with some weaknesses on the suppression end" Jack Shinall said he did not think part time jobs should be considered in any transfers; the firemen work for the City of Smyrna and we pay their salary every day. We are their full time job. Camp asked Chief Williams if he had made other transfers within the department and the answer was yes. The law suit was not a consideration in any case. Chief Williams said he had been advised againsT_ any retaliation of any type. John Patterson said that he and Chief Williams had consulted with the attorneys representing the City in the FLSA suit many times regarding evaluations, disciplinary action or any other action dealing with the people involved in the suit to be sure it is appropriate. Bob said Betenbaugh the City asked about the initial cause of the law suit. Attorney Camp requires the firemen to work 24 hours and 15 minutes on their shift for early relief and sleep time is deducted from their pay. Therefore the City does not pay overtime. Their suit is based on the fact that they are losing overtime under the Fair Labor Standards Act. Capta Jim Ruffner was called and stated he had no knowledge about the trans of Lt. Mahaney being retaliatory. He is doing an outstanding job in the Bureau and his performance would be rated as outstanding. When asked if Lt. Mahaney was most qualified person for the job, Captain Ruffner said he was one of the qualified people in his rank; it would be impssible to say he was the best. There are eight lieutenants in the department and any should be able to do the job. Captain Ruffner said the pay is equal for this 40b and the one Lt. Mahaney was transferred from, but in terms of responsibility and prestige the transfer would be a step up. Bob Betenbaugh asked Captain Ruffner if he felt the change had improved the department. Captain Ruffner said it has improved the Bureau. There was some discussion about Lt. Hancock's transfer and Captain Ruffner said he thought Lt. Hancock had requested the transfer out of the bureau. Captain Ruffner said he did write a letter requesting that Lt. Hancock be transferred. Lt. David Hancock was called and asked if he had requested to be transferred out of the Bureau and the answer was yes. Mayor Bacon asked if he had any knowledge of the transfer being for punishment and Lt. Hancock said he had no knowledge of that. Attorney Camp asked if he would consider the transfer a lateral move and the answer was yes. After further discussion. Jack Shinall made a motion the grievance filed by Thomas S. Mahaney regarding discrimination over his transfer to the Fire Prevention Bureau be denied. Bob Davis seconded the motion which carried 6-0. John Patterson said that on February 1, 1988 Mr. Joong Jae Lee appeared before council to request the renewal of his alcoholic beverage package license far the 777 Food Store at 1649 Windy Hill Road. Their license was suspended August 3, 1987 for selling to minors and at the February meeting there was also some discussion about a 1985 conviction in Atlanta for selling without a license which Mr. Lee denied. For that reason, Mr. Lee's license was denied at the February 1st meeting for falsification of his application. Attorney Chung H sworn in with Police represented Joong Jae Lee and two of the witnesses were f R. E. Little. Chung Lee said he was here to appeal to council to consider his client's petition for a beer and wine license. At the last hearing he was rejected on the basis that he had a previous conviction during the time he was operating a business in Atlanta. Tonight there will be evidence presented that will show another person was the actual owner of the property at that time and the wrong party was cited. Chung Lee said the proper party was here tonight to tell the truth about who the owner was during the time beer was sold without a license. Also here tonight is the detective who cited the offense at Simpson's Market in Atlanta. Chung Lee said his client was not involved in this violation at all and doesn't recall if he was at the location. Chung Lee said he understood our ordinance requirements and the ruling that each applicant must list any previous convictions. Mayor Bacon informed Chung Lee that we had received information from the City of Atlanta indicating that he had been convj.cted. Chung Lee said he had the same information, but the proper party was not charged and the ticket was issued to the wrong person. Mayor Bacon stated there was also a question about a violation for improper advertisement which was not resolved at the last meeting. Mr. Chung Lee introduced Sang Lee who purchased the Simpson Road Grocery Store on January 7, 1985 from Boon Lee. Joong Jae Lee had nothing to do with the business and the actua~ guilty party was Sang Lee, as the owner of the store. Sang Lee a~so did not file for his business license until April 1985 which is also a violation and he was using the license of Boon Lee during the time the violation occurred. Chung Lee said that Joong Jae Lee was cited with Hoon Lee at the same timer but the guilty party is Sang Lee since he was owner of the store at that time. Jae Lee was sworn in by Attorney Camp and said he had never been to Store and never worked there. Jack Shinal~ asked Joong Jae Lee how the Joong Simpson officer was able to issue a citation to him, with his date of birth and home address. Joong Jae Lee sa:id he was not on the premises. It's possible that the mistake was made since they are all family members; Hoon Lee is his brother. Chung Lee said the issue is who is responsible for the violation as the license holder for the store, not really who was there and sold the beer. If that was the issue, then Detective Moore would have cited both the person selling the beer and the person who is the owner of the store. Jerry Mills said that was not correct, the issue is that regardless of whether or not Joong Jae Lee owned the store, he was charged with selling beer without a license and on his application with the City, he stated he had never been convicted. Detect"_ive David R. Moore with the City of Atl.anta said when the attorney requested some information on the case he went to the Clerk's office and was told the cases had been dismissed. The next time he got information after talking to Mr. Patterson, he talked to another person in the Clerk's office was told there was a $150 fine but it had been suspended. The computer records do indicate a $150 fine against Joong Lee which was suspended. They did write two tickets at that location and the policy then was to cite the person at the store in charge and the owner/licensee. Usually the owner or license will not be there, but they are still cited and a copy of the ticket is left for them at the location. Detective Moore said because of the length of time involved he could not identify Joong Jae Lee tonight as being the person he gave the cita"tion to, but did not know how else he would have obtained the date of birth and home address. That information is usually obtained by asking the person directly and they don't always ask for identification. Mayor Bacon asked Chung Lee why, as the attorney, he had not straightened this out and cleared Joong Jae Lee's name if he was not guilty. Chung Lee said he had; when he went to court the only thing the judge was concerned with was the owner or licensee, not the person on the premises. At the time they were only concerned with the licensee. Chung Lee said in August 1987, the alcoholic beverage license for 777 Food store was suspended when a part time employee was found guilty of selling to a minor. Joong Jae Lee as the licensee was not on the premises but was held responsible and the same principle applies with the case in the City of Atlanta. Mayor Bacon asked ticket, which he was selling beer owner/licensee was Detective Moore if the statement made on the City of Atlanta had written, was correct which said that Joong Lee, manager, without a current alcoholic beverage license and Hoon Lee, also cited. Detective Moore said that was correct. Chief Little was called and said they were requested to conduct an investigation and Captain Kirby got copies of the tickets issued which indicated that Joong Jae Lee was cited for selling beer without a license and that he went to court and plead a nolo contendere, was fined $150 or 30 days which was suspended. They also got a copy of the report that Detective Moore and Andrews made indicating the name of the individuals cited with the home address of Joong Jae Lee and the date of birth. It also indicates the owner was cited. Chief Little said he contacted the clerk of court in Atlanta yesterday and as of that time, there has been no change in the status of the case. chief Little said his investigation also reflected that Mr. Lee held an alcoholic beverage license in Atlanta for a B & W Supermarket and that he owned a Food World in Decatur from February 1984 to March 1985 and during that time the DeKalb Police Department issued a written warning to Mr. Lee based on compla.ints that he was selling to minors. That was the information they received even there is no record of it. They were also unable to find a record of a violation for improper advertisement. Jack Shinall suggested that Joong Jae Lee go back to the City of Atlanta and have the record cleared if it is in error but the only evidence that was presented tonight indicates that Joong Jae Lee was found guiLty of selling without a license and convicted. John Patterson said this information should have been disclosed at the time he made application with the City rather than fa1.sifying the application. After further discussion Mayor Bacon advised Chung Lee council would discuss the appeal further and advise them by letter of their decision. Jim Hawkins made a motion the parade permit for Rhyne Park Softball be approved for April 16 subject to approval of the police department. Wade Lnenicka seconded the motion which carried 6-0. Jerry Mills made a motion the alcoholic beverage license appeal by Joong Jae Lee be denied since there was no new evidence presented for consideration tonight. Jim Hawkins seconded the motion which carried 6-0. With no further business, meeting adjourned at 8:19 p.m. April 18, 1988 The regular scheduled meeting of Mayor and Council was held April 18, 1988 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 Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Don Pope from Smyrna Baptist Church, followed by the pledge to the flag. Bob Betenbaugh read a proclamation for "Kids Now" Week and presented it to Bobbie Blades, manager of Cobb Center Mall. Mayor Bacon also introduced Claudia Crim in the audience from Buddy Darden's office and welcomed her to the meeting. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: and Fire Departments. Reports were given from Community Development, Library, (A) Management change for package beer and wine license - A&P Food Store, 2412 Atlanta Road. John Patterson said that Wallace Howard Perkins has submitted an application as the appointed agent for A&P. The original license for this location was issued in 1975. The police investigation was favorable and there was no opposition. Mr. Perkins understood violations. the store to be under said he was the Controller of the southeast region for A&P and that as the license holder, would be responsible for any Mr. Perkins said he understood the City ordinance and employees of were instructed to request identification from anyone who appeared age and they stress the importance of operating wi thin the 1.aw. Jack Shinall made a motion the management change be approved as requested. Bob Beteubaugh seconded the motion which carried 7-0. (B) Annexation of 2.10 acres on Pat Mell Road. LJohn Patterson said that C. J. Fouts had requested the annexation of these two parcels on Pat Mel.l Road which they thought was already inside the City. The legal description was read at the March 21, 1988 meeting and it has been properly advertised. Kat.hy LJordan made a motion the property be annexed into the City to become a part of Ward 6. Jim Hawkins seconded the motion which carried 7-0. (C) Rezoning request 9.9 acres at South Cobb Drive and King Springs Road from Future Commercial to General commercial. There was no opposition to -the rezoning and at the written request of the applicant, Goble Bryant, Bob Betenbaugh made a motion the rezoning be tabled. Bob Davis seconded the motion which carried 7-0. (D) Medlin Street closing at Aline Wolfe Drive. John Patterson said l'ir. John Harrison represented himself as the president of the condominium homeowners association at the end of Aline Wolfe Drive known as Oakridge Manor and sometime ago requested that the street be closed. Apparently there is a lot of traffic that goes through the complex using the dumpsters, littering, speeding, etc. The hearing tonight has been advertised and posted. There was a small group for and against the closing and six people were sworn in by Attorney Camp. Jim Hawkins said this hearing tonight was brought by an action of the homeowners association of Oakridge Manor Condominiums, Mr. John Harrison. Jim said it was common knowledge that the street was built with city funds several years ago. Medlin Street formerly was a dead end and when it was opened up it was a controversial issue; many residents did not want it open. It has always been regarded by everyone as far as the City is concerned as a dedicated city street. In talking with the City Attorney, Jim said he had been advised that a street cannot be closed if there are objections during the public hearing from people who use it. Mr. Camp said basicaJ.ly that is correct; if they have no other access and have used the street over a period of time, you cannot close the road. Jim said he di.d not really care if the street was opened or closed; when the apartments were built they put a great deal of pressure on the City to open the street and now that the same apartments have been converted to condominiums they are now putting pressure on the City to close it. Linda Wingert said she had lived at Oakridge Manor Condominiums for one year and she had always been told that the City would not even put up a street sign for them because it was private property. They have a problem with people coming into the complex filling up the dumpsters and have to call the police. Mrs. Wingert said they wanted the street closed. Bonnie Cox said she was a board member of the association and was representing John Harrison tonight. Ms. Cox said they are awakened in the middle of the night by loud car radios, speeding cars, and beer cans and bottles being thrown out. She was told 10 or more years ago when she moved there that it was a private street and they have always maintained it; even paying a private company to fill the pot holes. Ms. Cox said she has had a Reeves street address the entire time she has lived there. Only the tenants living within the complex have a Reeves street address; Aline Wolfe Drive ends at the top of the hill and then it changes into Medlin street. Jack Shinall asked Ms. Cox if she had a copy of the plat of the association property to see which property belonged to them and which belonged to the City. Ms. Cox said she did not have a copy of the plat; no one in the complex could locate their copy of the it. Jerry Mills said that City funds were used to pave the street and open it, and at the time that occurred it was ruled by the City Attorney that it was a public street. Jim Hawkins said that Mr. Reeves built the original apartments and he had always contended the street was private; however, Jim said the paving was done with city equipment and the city paid for it. Ms. Cox said there were two speed breakers on confirmed their belief that it was private property, not used on city streets. the street which further since speed breakers are ls said he did not recall the city approving the conversion of the to condominiums which requires a public hearing after proper adver sement, posting, etc. Ms. Cox said that Mr. Neal Perrone was the person who went the City for permission to convert the units. Sally Meadows said she was opposed to closing the street for convenience sake and was also speaking tonight for Mr. Ken Ramsey who owns two of the units. Their concern was for safety of vehicles during an ice or snow storm and for passage of emergency vehicles. Susan Pilgrim said she had been a resident for about 6 years. This issue has not been brought before the members of the association of which she is a member and she has not been contacted for her opinion. Ms. Pilgrim said she had some COncerns about what would happen if there was a fire and also felt that some of their problems are caused from people who are renting the units. Joey Camp said if Medlin Street was closed at the point below the pool, the street would not be wide enough for two Cars to pass because it was very narrow. Safety is also an issue and Mr. Camp said he opposed closing the street for those and other reasons. Ken Williams said he lived at the corner of Medlin Street and Eleanor Way and said he did not care one way or another if it was closed or left open. His concern was the l50 foot strip of Medlin Street at the corner of his property that would be abandoned and who would be responsible for maintenance. Mr. Williams said he did not want it turned into a parking lot. Three other people from the audience asked to speak and were sworn in by Camp. Susan Padgett said she managed the apartments the last year before they were converted and she bought one of the units. Ms. Padgett said when they asked that the street be closed, what they had in mind was placing a gate across the street with residents only to have keys for access. They felt all along they might not get approval to close the street but were hoping they would at least get the City to help them out by putting up signs, adding another speed breaker, etc. Sheldon Lingert presented a drawing with his proposal to close the street by moving the dumpsters to block one section. Jack Shinall asked if the association had taken a vote or had authorized minutes where the request was made to close the street. Bonnie Cox who was representing the association said they were not going to close the street without a vote from the homeowners; they wanted to find out tonight if it Was legal for them to do that before saying anything to the homeowners. Jack Shinall said if the City voted tonight to close the street it would be Closed and there would be no options. Harry Keheley said he Was opposed to closing the street because of the bottleneck it would Cause in traffic and for safety reasons. Jim Hawkins said there seems to be some tonight and before he would attempt to move on this issue would want an agreement from the homeowners association. Jim said it was his opinion that this is a public street and as long as there are people living there and in the vicinity who object could not vote to close the street. Jim Hawkins made a motion the street remain open. Jerry Mills seconded the motion which carried 7-0. (E) Closing of un-named street at Jane Lyle Road parallel to Atlanta Road. There was no opposition but at the request of Post Properties, Wade Lnenicka made a motion the be postponed to the May 2 meeting. Bob Davis seconded the motion which carried 7-0. (F) Reconsideration of zoning stipulations at 1073 and 1083 Concord Road. Patterson said request 1 an 8 been at the April 21, 1986 meeting, Mayor and Council approved by Mr. R. E. Newton for 1073 and 1083 Concord Road to strip center. The zoning was approved with 3 Newton has asked that one of the stipulations regarding masonry wall be clarified. Since that time, considerable time has in getting businesses fronting on Concord Road to install opaque foot spent buffer fences along most property owners masonry wall would be in the area. There was the rear of the property where it abuts residential and have done so. Mr. Newton is concerned that an 8 foot out of place with the other fences that have been placed no opposition from the audience. Jim Hawkins said the stipulation requiring an 8 foot masonry wall was required because of the reduction in the buffer on the rear property line from 50 feet to 30 feet and they wanted it to be the same masonry finish that would be used on the buildings. However, Mr. Newton never proceeded with development of the shopping center. Mr. Newton said they have held off on developing the property since there are so many vacancies along Concord Road. He was approached by the City about erecting a wooden fence along the rear property line and reminded the Inspector about the stipulation placed on his property. In discussing it with him, it was agreed that it would look better to go ahead and place the wooden fence on the back line. Jim Hawkins made a motion the zoning stipulation of April 21, 1986 at 1073 and 1083 Concord Road be amended to require a 6 foot wooden fence to meet the requirements of the code to be constructed on the back proeprty line as a buffer. Wade Lnenicka seconded the motion. Attorney Camp stated that by taking this action tonight, the Mayor and Council are also acting as the Zoning Board of Appeals for the Ci_ty. Vote on the motion carried 7-0. (A) Ordinance amendment - Tourist Services zoning classification. Bob time O. Davis for made a motion the amendment be tabled to a later date to allow more review by council. Jack Shinall seconded the motion which carried 7- Kathy Jordan excused herself from the meeting at 8:40 p.m. (B) Bid opening ballfield conditioner. Bids for a ballfield conditioner were opened, read and recorded as follows: Blaylock Machinery Lawn & Turf No bid $7,999 Bob Betenbaugh recommendation carried 6-0. made back a motion the bids be turned over to the committee with a to full council. Wade Lnenicka seconded the motion which (A) I,ight bars and equipment for new police cars. Jerry Mills made a motion the radio equipment for new police vehicles be awarded to Motorola through the state contract for a total price of $27,852. Wade Lnenicka seconded the motion which carried 6-0. Jerry Mills made a motion the Light bars and s_irens be awarded to GT Distributors, the low bidder at a total bid price of $6,486. Jack Shinall seconded the motion which carried 6-0. Jerry Mills made a motion the intoximeter be which is a sole supplier at a total price of $7,495. motion which carried 6-0. from Intoximeter, Inc. Jim Hawkins seconded the (B) 1988 pickup truck for Parks Department. Bob Betenbaugh made a motion the low bid of $9,700 be awarded to Wade Ford. Jerry Mills seconded the motion which carried 6-0. (C) 4x4 pickup for Public Works. Wade Lnenicka made a motion the low bid of $11,019 be awarded to Wade Ford. Jack Shinall seconded the motion which carried 6-0. (D) Tractor for Public Works. Wade Lnenicka made a motion the low bid of $11,984 be awarded to Cobb County Tractor. Bob Davis seconded the motion which carried 6-0. (E) Fence for new Public Works facility. Wade Lnenicka made a motion the low bid of $11,965 be awarded to Fence World. Jerry Mills seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: (A) Johnny Roper requested a grading permit at 2170 Windy Hill Road where Windy Hill Kennels is presently located. Jerry Mills made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. (B) Hugh Miller 2365 Belmont Circle motion the permit carried 6-0. requested a building permit for Miller Vending Company at at a total estimated cost of $l95,000. Jack Shinall made a be approved. Bob Betenbuagh seconded the motion which (C) Liang Properties requested a building permit for new construction at 5020 Highlands Parkway at a total estimated cost of $1,280,000. Bob Betenbaugh made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. (D) Liang Properties requested a building permit for new construction at 5040 Highlands Parkway at a total estimated cost of $1,613,000. Bob Betenbaugh made a motion the permit be approved. Jack Shinall seconded the motion which carried 6-0. (E) Liang Properties requested a building permit for new construction at 5060 Highlands Parkway at a total estimated cost of $1,844,000. Bob Betenbaugh made a motion the permit be approved. Wade Lnenicka seconded the motion which carried 6-0. (A) Approval to request bids far public works building. Wade Lnenicka made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 6-0. COUNCIL INPUT: Jack Shinall asked John Patterson to check on the resurfacing of Bank and Powder Springs Street. Jim Hawkins said he had received a few negative responses about the letter he sent to residents of his ward last week. It was a blanket letter sent to everyone requesting they keep their yards and neighborhoods clean and not an indiviual request to any particular person. Wade Lnenicka reminded available for special dump and pick up at period of time to pick up residents that the City only has one trash truck pickups and once it is filled they have to go to the other homes. For that reason, it may take an extended large amounts of trash. With no further business, meeting adjourned at 9:07 p.m. J