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February 18, 1985 Council Meeting February 18, 1985 The regular scheduled meeting of Mayor and Council was held February 18, 1985 at Smyrna City Hall. The meeting was called to order at 7: 30 0' clock p.m. by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief R. E. Little, Assistant Public Works Director Larry Dunn, Emergency Management Director Jim Farley, Assistant City Clerk Melinda Dameron, Parks Superintendent Jimmy Hinson, Building Inspector Scott Stokes, Librarian Doris Morris and repre- sentatives of the press. Invocation was given by Jack Shinall, followed by the pledge to the flag. Citizens Reports: Sandra Braswell presented a petition to Mayor and Council with approximately 200 names opposing the recent appointment of the Fire Chier. Ms. Braswell also stated she could not understand why council went outside the department to rill this position and asked council why they did. Max Bacon said he voted for the most qualified man ror the job. Hugh Ragan said it is council's duty to let the Civil Service Board test applicants and prioritize candidates and keep politics out of' the departments. Ms. Braswell said they f'el t they had been misrepresented and were not going to drop the matter. Hugh Ragan then read a letter addressed to the Mayor and Council rrom the Smyrna Fire Department, signed by 40 of 52 total uniformed personnel commending the Civil Service Board and the City Council for the recent appointment of the new Chief. Hugh stated that the Fire Department is behind the new Chief and the members of council have done what they think is right. Kyong Sop Moon requested a liquor, beer and wine pouring license Fou:t' Moons, Inc. d/b/a P.M. Lounge at 2552-9 South Cobb Drive. There were approximately 15 to 20 in opposition and approximately the same number in favor of the license. Atto:t':i!'l.ey Rob Flournoy :t'epresented Mr. Moon and represen- tatives of both sides were sworn in by Attorney Camp. Mr. Flournoy stated these people were opposed because of the past history of this location. Mr. Moon bought the business in July, 1984 and has $120,000 invested in it for inventory, remodeling, etc. and to deny this license is a confiscation of property if it is not done with due process. Mr. Flournoy said he was sure Bogey Stoner would be opposed to this operation, but we were talking about taking away Mr. Moon's livelihood. If Mr. Moon is given the license he is going to remodel the building, bring in a new manager, hire police security from Cobb County, Atlanta, Brinks. etc., and emphasize food sales instead of liquor. He will also enforce a dress code, change the name of the establishment and encourage a different clientel. Mr. Flournoy said it seems that we should give Mr. Moon a second chance and he has already lost a considerable amount or revenue since the business was closed December 7, 1984. Max Bacon asked why Mr. Moon did not transfe:t' the license when he bought the business. Mr. Flournoy said Mr. Moon was :t'epresented by anothe:t' attorney at that time and he was told this was the best way to handle the transaction. Jack Shinall stated that Mr. Flournoy alluded to the fact that the City took the license. Actually, the license was surrendered by McArthur Reeves prior to being closed in December. Hugh when that sure made some of' the changes mentioned earlier said that in October, 1984, he was told afraid to spend the money until he was Ragan asked why Mr. Moon had not he was in business. Mr. Flournoy he might lose his license and was he could stay there. Jim Hawkins asked about the problems at that location. Mr. Flournoy said there have been some problems and he did not dispute that. However, Mr. Moon is Korean and has some p:t'oblem speaking English and relt that some of the problems were from communication. Mr. Moon called the police on many occasions when he should not have because he had been advised to. Max Bacon asked if the situation has improved since Mr. Moon took over and Mr. Flournoy said no; the Police Chief has said the situation remained the same and many have even gotten worse. There were allegations concerning sale of' drugs and Mr. Moon denies any knowledge or that. AlSO, the employee involved admitted it, and also said that Mr. Moon had no knowledge. Jack Shinall said there was also an incident where a person was drinking inside the lounge and when he left, drove his car through the front of the building, injurng seve:t'al people. In reviewing the investigation it was round that the man had been drinking several hou:t's and not for a short period of time. Mr. Flournoy February 18, 1985 - Continued said that Mr. Moon was not really responsible ror any of these incidents. He has learned his lesson and knows he has to walk a straight line. James Williams mentioned another incident or drinks being served to minors. Mr. Flournoy said if minors were beipg served they should have called the police. These allegations are heresay and the person that saw this was remiss in not calling the police at that time. Jack Shinall said these were narcotics agents who observed the sale to minors and they could not do anything then because it would disrupt their investigation. Mr. Flournoy said Mr. Moon cards everyone when they come in and again after they have had their first drink if' there is anY question regarding age. Jack amount the or nightclub the 1 license. also. stated the quarterly report required by the City showing the f'ood sales had not been ril~d during the time period Mr. Moon was operating Jack Shinall also asked if this was go.ing to be a restaurant, bar since they had alluded to the fact that he could not operate without Mr. Flournoy said it would not be a vj_able business wi tho.ut the Kathy Broo.ks said that she and Jack Shinall had met with Mr. Moan previously and he stated he had no. prablems at the location and also seemed to understand what they saying. Mr. Flournoy said he did not think Mr. Moo.n realized that this was a p:t'ivilege license that could be taken away fram him, and he was asking that Mr. Moon be given a secand chance. Bogey Staner, awner of the Dairy Queen represented the opposition and said that others have. rights just as Mr. Moon does. He was not going to reiterate the problems they have but did not reel that they shauld have to put up with it. They met in Aug"\.lst and at that time agreed they had some prablems and would do something about it. However, the situation did not change until they were closed in December. Floyd Coursey, statement rrom not be renewed. owner every af the Christian Book Store merchant in the Shopping spoke center and said he asking that had the a signed license Jana Will Manager of Hancock also swo.rn in by Mr. Camp. Ms. was closed. One night she was times and the ambulance once. night and custamers were afraid Fabrics and Hubert Webb asked to speak and were Willis said she was relieved when McArthur's Park working late and the police came th:t'ee dirf'erent Ms. Willis said she was afraid to work there at to shap at night. Mr. Webb said he cleans and maintains the Dairy Mr. Stoner. He has observed rive fights going on a and many other incidents. Mr. Webb establishment if it could be controlled, but Mr. the situation. Mr. Flournay said he had asked the employees rrom the establishment to come tonight and they all came farward and were sworn by Mr. Flournoy. The head ar security spoke and said all patrons were carded at least twice during the pight; if any minors had been served it was because fake ID' S were being used. They all -testified that Mr. Moon had no knowledge of the drug sale. Also, they do. nat sell beer in cans ar allow go cups, as Mr. Webb stated earlier. Queen a tone said Moon on South Cobb Drive far t;ime in the parking lot, he was not against the was not able to control Mr. Flaurnoy stated that if Mr. Moon has met all requirements of the ordinance, the law would require that he be issued a license. He has studied our ordinance> and the City does not have any discretianary measures as the CO"\.lnty does. Jack Shinall stated that Section 3-2 of the ordinance was enacated to pramote the health and general welfare of the cammunity. Jack Shinall read a letter from Police Chief' R. E. Little regarding the bacli:ground investigation af' the applicant (capy to be made a part af these min"\.ltes) and asked Chief Little for his recommen- datio.n. Little said the business, as operated in the past, would be a public nuisance. Brooks made a motion the license be denied, based on the testimony heard seconded by Jack Shinall. Jack said he thought the denial was based an Charter of' the City that Council is sworn to uphold the health, welfare and morals of the community and fram information heard tanight which makes it clear that a night club type establishment Co.uld possibly be a nuisance if anyaneopened it. Vote on the motion to deny carried 6-0. has Yu-Ling Peking Gardens operated the Lin :t:'equested a transfer Chinese Restaurant, 2526 restaurant for 3 years and of the beer South Cobb was asking and wine pouring Drive. Ms. Lin that the license Februa:t'y 18, 1985 - Continued be transrerred f:t'om Bobby Giles name to her name. Ms. Lin food with beer and wine and they have never had any problems. and the pOlice investigation was :favorable. Kathy Brooks made be approved. Max Bacon seconded the motion which carried 6-0. said they always serve There was no opposition a motion the transfer Public Hearing me1.lt as rollows: Charter Amendment: Jack Shinall read the proposed Charter amend- ARTICLE VII, DIVISION 5, HOMESTEAD TAX EXEMPTION, SECTION 78. AUTHORITY TO GRANT The Mayor and Council o:f the City of Smyrna shall be authorized to exempt rrom taxation by the City of Smyrna, fo:t' the yea:t' 1985 and subsequent years, except for school purposes and to pay interest and bonded indebtedness, the homestead of' each resident of the City or Smyrna, who is 65 yea:t's of age or older, in an amount not to exceed $4000, provided such residence is actually occupied by the owne:t' as a :t'esidence and homestead and so long as actually occupied by the owner as the owner's p:t'incipal residence. All laws, acts, or ordinances or parts thereof in conflict with these provisions are hereby repealed. The:t'e we:t'e reading of ca:t':t'ied 6-0. no comments f':t'om this amendment the be audience approved. and Jim Jack Shinall made Hawkins seconded a motion the the motion f'irst which Rem Bennett requested a variance of 7 feet on the side yard setback lot 7 of Mill Valley Estate on Gann Road. Mr. Bennett said the wooden marker separating lots 7 and 8 apparently had been moved without their knowledge. The variance will in no way affect lot 8 since he has set this house approximately 25 feet f'rom the side line. MaYOr Bacon read a lette:t' from Scott Stokes stating this was not a hardship case and could be solved by moving the property lines between both lots. Mr. Bennett said it would be more complicated to take away f':t'om lot 8 and also WOUld be ve:t'y time consuming. Mr. Bennett said he did not think Scott's idea would work anyhow because the side of the house is not parallel with the property line and would not meet the square footage requirements. Jack Shin-all asked Mr. Bennett if he had picked up his business license and also stated there are some delinquent water bills in his name. Mr. Bennett said he has had a license in the City for 10 years and as f'ar as he knew, was paid. Arter further discussion, Hugh Ragan made a motion the variance be approved with a $150 fine assessed. Jim Hawkins seconded the motion which ca:t':t'ied 6-0. Va:t'iance Moratorium: Jack Shinall stated that Hensley-Schmidt has written a lette:t' stating they were 75% complete with the ordinance research and the information should be available February 22nd. Jack Shinall made a motion the moratorium on variances be extended to the :first meeting in Ma:t'ch. Max Bacon seconded the motion which carried 6-0. Commercial Building Permits: Commercial building permits were presented by Inspector Scott Stokes and recorded as follows: 1) B:t'ake-O :t'equested total estimated cost of subject to approval of the motion which carried a pe:t'mi t $121,000. the City 6-0. f'or new construction at 1655 Spring Road at a Jim Hawkins made a motion the permit be approved Engineer and Fire Marshal. Max Bacon seconded Bid Opening: Bids to replace ceiling tiles in the library were opened, read and recorded as follows: 1) 2) R&R Interiors Bennett & Son $3,750 $3,775 Kathy B:t'ooks said this was well over the budgeted amount bids be turned over to committee for re-consideration and Ragan seconded the motion which carried 6-0. and made possibly a motion re-bid. the Hugh Bid Opening: Only one bid was received for installation of the Emergency Outdoor Warning System equipment which was read and recorded as follows: 1) Heaton Electric $9,100 February 18, 1985 - Continued Hugh Ragan made a motion the bid be turned over to committee with their recommendation back to full council. Jim Hawkins seconded the motion which carried 6-0. Mayor Bacon recognized Pinky Gil.bert, candidate for Ward 1 council seat. Item 1 Bids f'or Hazardous Materials Response equipment were opened, read as follows: Item Item Item Item Item Item Item Item ~ ---L- 4 ~ 6 ~ 8 ~ 1) American Safety & Fire House 2,381.36 (alternate bids ror 5,6,7-did not meet specs) 2) Counts. Rescue Equip. 1,800 ,290 588.60 l46.80 31.45 3) Harolds S al e s & Svc. 2,466.00 1,894 1,350 588.00 146.00 34.80 4) Charles McLarty 2,048 1,320 520.00 140.00 30.00 5) Mine Safety Appliances 2,320 1,590 588.60 146.80 34.90 6) Lab Safety Supply 2,026 918.50 375.00 268:00 Hugh made a motion to purclJase low bid on low bid to be brought motiOn which carried 6-0. the bids be turned over to committee with authorization a 1 ine item bas is, with any items purchased other than back berore Mayor and Council. Jim Hawkins seconded the Bid Opening: Bids for pool chemicals were opened, read and recorded as follows: Stabilizer Granula~ Chlorine Soda Ash (100 lb bags) Bicarbonate Soda (100 lb bags) Calcium Chlorida (100 lb bags) Muriatic Acid D.E. (50 lb bags) McKesson No bid 122.00 ea 12.50 ea 24.00 ea 18.00 ea No bid 12.50 ea Jim Hawkins made a their recommendation which car:t'ied 6-0. motion back the at bids be the next Amtec 2.86 lb 110.00 dr 18.75 bag 33.80 bag 21.80 bag 2.43 gal 13.65 bag Dixie Prod. 2.19 lb 104.40 cwt 14.25 cwt 27.00 cwt 17.80 cwt l.90 gal l4.56 p/50 lbs turned over meeting. Max to the Bacon Parks Committee with seconded the motion Bid Openins: Bids for a Parks Department station wagon were opened, read and recorded as follows: 2) Car World $8,299.00 (1985 Cavalier) 1) Days Chevrolet Brothers $9,306.72 (1985 Chrysler) $13,254.00 (1985 Nissan Maxima) $8,497.00 (Ford LTD Wagon) 4) Strother Ford Jim Hawkins made a their recommendation which carried 6-0. motion the bids be back at the next turned meeting. to the Shinall Parks Committee with seconded the motion over Jack Bid Award: Hugh Ragan stated at the last meeting bids were opened for truck for our new engineer. The appa:t'ent low bidder was Beaudry Ford but their bid did not include air conditioning and radio. Therefore, bid was Fouts Brothers at $6,577 and the bid was awarded to them. a pickup at $6500 the low Department vehicle at $2,350. Kathy Bid Award: be awarded Brooks Hawkins made a motion the dump bed for a Interstate Truck Equipment Company, the low the motion which car:t'ied 6-0. Parks bidder 25th be 6-0. Hugh Ragan stated that our new Fire Chief would start on February a motion bids be requested :for a new vehicle for Mr. Williams to the next meeting. James Williams seconded the motion which carried February 18, 1985 - Continued Approval of Minutes: James Williams made a motion the minutes of January 7 and 23 be approved as submitted. Jack Shinall seconded the motion which carried 6-0. Due to frequency of repairs a1:1d need f'or future expa:z:lsion, James Williams made a motion that 393 feet of' 2" water line On King St:t'eet between Church and Concord Road be replaced with 6" line, to be paid rrom E&C Fund. James said the cost of this job will be $4,133.16 a:i!'l.d the City will do the work. .Jack Shinall seconded the motion which carried 6-0. Mayo:t' Bacon said he had hea:t'd quite a few stories about how people were being overcharged by the taxi companies during the ice storm. Mayor Bacon said that many of these people had thei:t' receipts as proof and we could not let this happen because some of them were elderly. Mayor Bacon said he would be discussing this with our city atto:t'ney a:i!'l.d would be talking to the taxi companies within the :i!'l.ext few days. Block Grant: Jack Shinall made a motion the revised Block Grant proj ects f'or 1984/85 be approved. James Williams seCOnded the motion which carried 6-0. Committee Repo:t'ts: Hugh Ragan introduced Mike Hutchinson and stated he was doing an excellent job fOr us. (Public Safety) 27. 1985. Jim Farley announced the State-wide tornado drill would be February (Library) Doris Morris repo:t'ted on library activities. (Fina:nce) Jack Shinall said that budget forms have gone out to department heads and are due back February 28th. We are closing out on accepting applications f'or the City Administrator's job a:nd when Mr. Camp completes the draft or job responsibilities we will be :t'eady to move ahead with interviews. (Parks) .Jim Hawkins said we should have the final drawings of the golf course next Thursday and thought this was something the City would be proud of. (Wate:t') James Williams said that over 700 letters would go out tomorrow to water customers who a:t'e not paying fo:t' sewerage treatment and read the letter as follows: "A review of our water and sewer customers billed fo:t' sewe:t' service, and are located boundaries of' the City of Smyrna. indicates you within the a:t'e water presently not being and sewer service Cobb County bills the City of Smyrna for sewe:t' treatment based on the number of gallons of water used. Therefo:t'e, the City is actuallY paying the county for sewer treatment at your residence and you are not being billed for this se:t'vice. A preliminary study of the a:t'ea in which you live indicates that many homes are actually on sewerage, or that sewe:t' service is available. If you a:t'e presently not On sewer, complete the bottom portio1:1 of this (15) days of today. or sewer service letter and retu:t'n is it not to available, us wi thin please fifteen Beginning with the April, 1985 water billing, all begin being billed for sewer unless we are advised time. s/ARTHUR T. BACON, MAYOR ) Connected to sewe:t' system ) Not connected to sewer system ) Sewer is available ) Sewer is not available customers in your by you, wi thin the area will specified Please return this fo:t'm to: City of Smyrna, ATTN: Water Department" Max Bacon stated that Bill Da:t'by for the Shriners to sell tickets Children's Hospital. had brought at Hargrove him a letter requesting & Spring to benefit the approval Crippled Max Bacon thanked Senator Jim Tolleson for his effo:t'ts in getting Spring Road and Concord Road restriped at no cost to the City. Max Bacon said he had received a letter from Mr. Roth, Director for Seaboard Railroad and hopefullY they have worked out a solution of Ann Road, by parking the trains farther north from where they are of Transportation for the residents now. Max Baco1l. reminded everyone of' the CMA meeti1l.g tomorrow night at Powder Springs. A1l.1l.ounceme:nts: Ward 1 election 20th. MaYOr Bacon stated the 1984 for those who want to see it. February DUI Task 19th; Force Jonquil Report is breakfast in the on February Clerks office Mayor Bacon recognized Bob Davis, candidate ~or the Ward 1 council seat. With no further business, meeting adjourned at 9:43 p.m. COUNCILMAN . do solemnly swear that I will well and demean myself as Councilman of the City of Smyrna for the ensuing term. and that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor. and in all my actions as COUNCILMAN act as I believe for the best interest of said City. So help me God. #1 Subscribed and MAYOR ARTHUR T. BACON CITY COUNCIL WARQ 1 JIM TOLLESON WARQ 2 MAX BACON WARD 3 ES WILLIAMS WARQ 4 JIM HAWKINS wARQ 5 JACK SHINALL WARD 6 KATHY BROOKS WARO 7 HUGH RAGAN CITY CLERK WILLOUISE C. SPIVEY CITY ATTORNEY CHARLES E. CAMP '6 COURT JUDGE C.V. REEVES ~~~<~" POST OFFICE SOX 1226 THE JONQUIL. CITY SMYRNA~ GEORGIA '30-08:t TELEPHONE 434-6600 February 13, 1985 Mr. Hugh Ra Public Sa City Hall Smyrna, Georgia n, Chairman Committee 30080 RE: Application for Retail Liquor, Beer & Wine Pouring License (New Licensee Old Location) NAME OF BUSINESS: Four Moons, Incorporated D/B/A PM Lounge LOCATION: 2552-9 South Cobb Drive, Smyrna, Georgia 30080 APPLICANT: Kyong Sop Moon ADDRESS: 660 Spring Hollow Lane, Marietta, Georgia 30060 Dear Sir: In August, 1984 the applicant bought and managed the business at the location applied for until December 7, 1984. On December 7, 1984 the alcohol beverage license was surrendered by the person acting as the applicant's agent. During this period of the police department received and answered numerous ca of various types1both in the place of business and in the immediate area/for fighting, drunk and disorderly conduct, assault and battery, property damage, littering, public indecency, and there were several instances of the perpetrator resisting the arrest by officers. Narcotic agents buys of cocaine in the place of business from one of the icant's employees on November 14, 1984 and December 3, 1984. The employee was arrested December 3, 1984 and two cases of Violation Georgia Controlled Substance Act are now pending in State Court against her. The agents made two of drugs in place of business from another person on Oc ber 11, 1984 November 24, 1984. These cases are also pending in State Court. The narcotic agents observed alcohol drinks served to minors on three occasions during their investi- gation in the place of business. Mr. Hugh Ragan, Chairman Public Safety Committee -2- February 13, 1985 Since the surrender of the license Cind the close of the business at this location the department is no longer receiving these types of calls in the area. REL:gc Yours truly, R.E. Little, Chief Smyrna Police Department