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09-18-1989 Regular MeetingBill Scoggins reported on activities in the Parks and Recreation Department and Kathy Barton reported on Clean City Committee activities. Wade Lnenicka gave a library report. With n siness, meeting adjourned at 8:34 p.m. A. MAX BACON, MAYOR MELI1JD`A DAMEFPN,/, lt-w-1 WADF/LNENICKA. WARD 2 . 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 Protem Jim Hawkins. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City 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 Major Kent Sims, Engineer Mike Hutchinson and representatives of the press. Mayor Protem 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 the Jonquility Award plaque to outgoing Clean City Commission member Robert Orange with her appreciation for serving in this capacity. 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 check list 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 September 18, 1989 meeting - continued 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 objective 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 law suit in which he would prevail. Mr. Lunsford said he knew council would do what was right tonight but as chairman of the board of Deacons, felt it would be very inappropriate to have to look out their church door directly across the street to see the beer lights at this location and believed it would deface their church to have them there. 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 of 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. September 18, 1989 meetinq - continued 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 Nbled 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. September 18, 1989 meetina - continued 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 work Saturdays only from 8:00 a.m. to 6:00 p.m., in keeping with our policy of not allowing Sunday construction work. Kathy Jordan seconded the motion which carried 5-0, with John Steely abstaining. (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 a motion the copier for the Police Department be awarded to Danka Business Systems for the Savin 7065 copier at $12,066.50 for price and excellent service provided the past several years. Kathy Jordan seconded the motion which carried 6-0. (B) Motorcycles for Police Department. 10 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 backhoe for the Public Works Department he awarded to Metropolitan Tractor, the low bidder at $55,000. Kathy Jordan seconded the motion which carried 6-0. 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 September 18, 1989 meeting - continued seconded the motion which carried 6-0. COUNCIL INPUT: Officers Lee responded to expressed his two officers. John Steely read a letter from Ms. Joyce Gaines commending and Ables on the kind and courteous manner in which they an accident involving her daughter several days. Mr. Steely appreciation to the Police Department and especially to these 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 new 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 Fire Department would begin inspections of the Heritage Apartments next week. 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. September 25, 1989 A special called meeting of Mayor and Council was held September 25, 1989 at 6:30 p.m. to consider the appointment to the Civil Service Board now held by John Davis. All council members were present. Also present was City Administrator John Patterson and City Attorney Charles E. Camp. Mayor Bacon said that Mr. Davis had missed and failed to attend thirteen (13) consecutive meetings of the Civil Service Board from June to August of this year. Section 77(3) of the City Charter calls for the removal of any Board member who fails to attend two consecutive meetings. Mr. Davis said he felt it was a privilege and honor to be able to serve on