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11-20-1989 Regular MeetingNovember 6, J.989 meeting - continued short of permanent revocation. John Steely seconded the motion. Jack Shinall said from the testimony tonight he personally did not know if Mr. Marvasty was capable of operating a business that sells alcoholic beverages since it was apparent that he did not understand the law when he stated earlier that his employee did not have to be fingerprinted to sell. He also did not understand how to calculate ratio of food sales to alcoholic beverage sales. Mr. Shinall said Mr. Marvasty is charged with the responsibility of understanding the laws and obeying them and felt the license should be permanently revoked. Wade Lnenicka said the action tonight sets a precedent for future similar circumstances. He was sympathetic with the owners who can't always be present in the store and knew that employees to a certain extent had to be relied on to exercise their judgment. It is probably wise to have employees card everybody regardless of the appearance of age to remove any doubt. If this sale had been made by Mr. Marvasty, he would agree that the license should be revoked but under these circumstances felt that a 90 day suspension might be more appropriate. After further discussion, vote on the motion to suspend the license for 6 months carried 5-21 with Wade Lnenicka and Jack Shinall opposed. Mr. 3awkins stated the suspension would be effective from October 19, 1989, when the license was suspended by the Mayor. COUNCIL INPUT: Everyone welcomed Stan Hooks to Smyrna and expressed their confidence that he would do a good job. John Steely reported that our DUI Task Force made 67 cases last weekend including 7 DUI's and other miscellaneous traffic offenses. Jack Shinall read a letter from Barnett Bank commending Officers Folds and Littlejohn on their quick action on the attempted robbery at their South Cobb Drive branch. Bill Scoggins said the City just won two prestigious awards from Keep America Beautiful Council which would be presented at the National conference in December. Wade Lnenicka thanked Cobb County for placing the traffic light at Ridge and Atlanta Road and reminded everyone of the school bond referendum coming up. Mr. Lnenicka also reported on library activities. Bob Davis requested that the STEP unit be assigned to work the intersection of Spring and Campbell Road following complaints about cars running the light there. With no further business, meeting adjourned at 10:26 p.m. A. MAX BACON, MAYOR MELINDA DAMERON.�ITY CLERK November 20, 1989 le �K ORDAN? WAr The regular scheduled meeting of Mayor and Council was held November 20, 1989 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Jack Shinall who was out of town on business. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, Public Works Director Vic Broyles, Fire Chief Larry Williams, Personnel Director Jane Sargent, Librarian Laurel Best, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio, Finance Director Emory McHugh, City Engineer Mike Hutchinson and representatives of the press. November 20. 1989 meeting - continued Invocation was given by York Chambless, retired minister of Trinity Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Senator Hugh Ragan commended the Mayor, Council and city staff for the outstanding job they did in responding to the crash of the Navy A7 Corsair at the Pine Village Apartments on Windy Hill Road, November 9th. Senator Ragan said he had heard many good comments from our citizens and felt they should be commended for their efforts. Judge Robert Flournoy represented the Cobb Historical Society to present their book entitled The First 100 Years. This is the only existing complete history of Cobb County and an additional 1,000 books have been printed for resale at $40.00 each. Proceeds will go towards the restoration of the William Root home, built in 1826 and believed to be the oldest structure in Cobb County. Laurel Best presented a new library card to Mayor Bacon and reported that the new computer system is operational and handles everything from circulation to cataloging. Mayor Bacon stated that last Thursday night, a Navy A7 Corsair plane crashed into the Pine Village Apartments on ;Smyrna Roswell Road. There were two lives lost and we were very fortunate that there weren't other fatalities. Mayor Bacon commended city personnel and said he was very proud of them and also presented certificates of appreciation to other businesses and public service agencies that assisted in rescue efforts. RECORDERS COURT APPEAL: Helen Diane Border was not present and upon the :recommendation of Solicitor Mike Whaley, John Steely made a motion the appeal be dismissed for failure to appear. Kathy Jordan seconded the motion which carried 6-0. PUBLIC HEARINGS: (A) Privilege License management change - Smyrna Oakdale Moose Lodge, 3780 South Cobb Drive. John Patterson stated that William Frank Ketterer is applying as agent for -the Moose Lodge pouring license and will also be the manager there. There was no opposition from the audience and the police investigation was favorable. Mr. Ketterer said he had been with the Moose Lodge since 1972 and they are transferring the license due to a change of bar managers. John Steely said there have been no problems at this location and with little discussion, made a motion the transfer be approved as requested. Wade Lnenicka seconded the motion which carried 6-0. (B) Variance request - rear yard setback on Lot 8, Vinings Glen Subdivision John Patterson stated that Georgia Federal Bank had foreclosed on this unfinished home when financing was not approved and they need a reduction of the rear yard setback from 30 to 20 feet. This is a cul-de-sac lot and the configuration of the lot makes i1- difficult to position the house to meet setback requirements. There was no opposition. Wade Lnenicka said he had met with Louis Matthews of Georgia Federal Bank and they will meet the homeowners who well be affected by this variance tomorrow night. Meanwhile they have agreed to table the variance until the next meeting. Wade Lnenicka made a mot:Jon the variance request be tabled to the December 4, 1989 meeting. Bob Davis seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Amendments to FY90 budget John Pattrseon said the FY90 budget should be amended to account for June 30, 1989 encumbrances, FY89 fund balance designations and to budget for those operating transfers necessary to offset the costs of purchasing land and paying architectural fees for the new library and community center. Jim Hawkins made a motion the amendments be approved as submitted. Wade Lnenicka seconded the motion which carried 6-0. 1 November 20, 1989 meeting - continued (B) Validate signatures to annex property at Dixie Avenue and Hillside Drive Attorney Camp read the legal description for annexation of .5 acres at Dixie Avenue and Hillside Drive as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: All that tract or parcel of land lying and being in Land Lot 491 of the 17th District, 2nd Section, Cobb County, Georgia, and being known as Lots 15 and 16, Belmont Park Subdivision as per plat made by W. W. McCullock, Civ. Eng., November 1, 1927, a copy of which plat is recorded in Plat Book 3, Page 69, Records of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the corner formed by the northeastern side of Dixie Drive with the southerly side of Hillside Drive running thence southeasterly along Dixie Drive 100 feet to Lot 14 of said plat, thence easterly along the line dividing Lots 15 and 14 a distance of 200 feet to Lot No. 77, thence northwesterly along the west line of :moot 77, 100 feet to the southerly side of Hillside Drive, thence west along the right of way of Hillside Drive 200 feet to the point of BEGINNING. This being the same property conveyed to Grantor herein by Warranty Deed dated April 16, 1979, executed by Joanne Hall and recorded in Deed Book 1994, Page 539, Cobb County Records. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/ROBERT C. DAVIS Kathy Jordan made a motion the signature be validated and the public hearing set for December 18, 1989. John Steely seconded the motion which carried 6-0. (C) Amendments to Sedimentation and Erosion Control Plan John Patterson said the Georgia Soil and Water Conservation Commission has amended the Erosion and Sedimentation Act of 1975 and all permitting authorities must adopt the revised plan in order to maintain certification. Bob Davis made a motion that the Sedimentation and Erosion Control Plan be amended by deleting Sections 19-1 through 19-10 of the Code of Ordinance and replacing with the revised sections. Jim Hawkins seconded the motion which carried 6-0. (D) Bid opening - lighting at Tolleson Park Bids for the lighting of Tolleson Park basketball courts were opened, read and recorded as follows: Wylie & Wylie, Inc. $6,800 Lynn Lighting $6,720 AAA Electrical Cont. $6,992 Bill Scoggins made a motion the bids be turned over to the Parks Committee for their recommendation back to full council December 4th. John Steely seconded the motion which carried 6-0. (E) Bid opening - truck chassis for 12 foot flat dump truck Bids for a new truck chassis for the Public Works Department were opened, read and recorded as follows: Fouts Brothers $27,767 Days Chevrolet No bid Kathy Jordan made a motion the bid be turned over to the Public Works Committee for review with a recommendation back to full council. Jim Hawkins November 20, 1989 meeting - continued seconded the motion which carried 6-0. (F) Bid opening - hot water steam cleaner Bids for a hot water steam cleaner for the Public Works Department were opened, read and .recorded as follows: Zep Manufacturing Company $2,400 Wade Lnenicka made a motion the bid be turned over to -the Public Works Committee for their recommendation back to council at the next meeting. Jim Hawkins seconded the motion which carried 6-0. (G) Bid opening - rescue truck for Fire Department Bids for the new Fire Department rescue truck were opened, read and recorded as follows: Days Chevrolet no :yid Ingram Truck Mfg. Co. $11,993 (body only) Fouts Brothers $37,434 $34,973 (1988 model) Kathy Jordan made a motion the bids be turned over to the Fire Committee for their recommendation back at the next meeting. Wade Lnenicka seconded the motion which carried 6-0. (H) Adoption of revised 1990 business license fee schedule Jim Hawkins made a motion the revised fee schedul be tabled to the December 4th meeting to give our local merchants and businesses an opportunity to :review the proposal. John Steely seconded the motion which carried 6-0. DTn TWTDMO. (A) Traffic study. Bob Davis made a motion the traffic study be awarded to RBA Group, the low bidder at $14,863.25. Wade Lnenicka seconded the motion which carried 6-0. Mr.. Davis said Cobb County has also agreed to reimburse the City for up to $15,000 to have this study completed. (B) Vehicle for Community Development Bob Davis made a motion the bid for a new vehicle in the Community Development department be awarded to Wade Ford at $10,959. John Steely seconded the motion which carried 6-0. (C) Vehicle for Utility Services Department Jim Hawkins made a motion the bid for a new vehicle for the Utility Services Department be awarded to Days Chevrolet the low bidder at $13,000. Wade Lnenicka seconded the motion which carried 6-0. (D) Vehicle for Fire Department Kathy Jordan made a motion the bid for a new vehicle in the Fire Department be awarded to Wade Ford for $14,129. Jim Hawkins seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to purchase property: 1255 Sunset Avenue 2683/2685/2691 Fuller Street /307/1309 W. Spring Street Jim Hawkins made a motion the consent agenda be approved. Kathy Jordan seconded the motion which carried 6-0. SHOW CAUSE HEARINGS: November 20, 1989 meeting - continued Circle K Convenience Store, 1828 Spring Road Captain Ted Kirby of the Smyrna Police Department was sworn in along with Officer L. M. Wood, Store Manager Shawn Gibson, Robert Smith (one of the minors charged with possession of alcoholic beverages), District Manager • Curtis Moore, licensee Lloyd E. N. Hall and Attorney Larry White. Officer Wood stated that on November 1st he observed three males hiding behind bushes in a wooded area along Elmwood Street. When he got out of his car they fled on foot, leaving a 12 pack of Old Milwaukee beer but were apprehended several minutes later. They were highly intoxicated and two of the males were- 17 years of age and the other was a juvenile. Officer Wood said they admitted purchasing the beer from Circle K and also provided a description of the clerk who sold it to them. Captian Kirby said the two 17 year olds were issued citations for minors in possession and the 16 year old was turned over to the juvenile authorities. He then went back to the store where the clerk admitted selling to the young men. She was charged for selling to an underaged person and last week forfeited her bond in the amount of $200 in Smyrna Recorders Court. After hearing all testimony, Jim Hawkins made a motion the license be suspended for 30 days, effective at 12:01 a.m., November 21st. Bill Scoggins seconded the motion which carried 6-0. Mom & Pop's Family Food Store, 1687 Smyrna Roswell Road Clerk/owner Mohamedali S. Hudda was sworn in with the licensee, John Cory. Captain Kirby stated that on November 8th, he sent a 20 year old white male into Mom & Pop's Food Store where he purchased a six pack of Budweiser from Mr. Hudda, after checking the drivers License and thinking the date of birth was 1967 rather than 1969. Captain Kirby later entered the store and advised Mr. Hudda he had just sold to an underaged person and that a State warrant would be issued the same day. Captain Kirby said it was the first time to check this store and to his knowledge, there had been no complaints about them. Mr. Hudda said he did ask for identification but had left his glasses at home and after reading the date twice, thought the date of birth was 1967 instead of 1969. Mr. Hudda said it is his policy to always check identification, regardless of the age appearance. After further discussion, Jim Hawkins made a motion the license be suspended for 15 days since Mr. Hudda did check the identification and felt he made an honest mistake. Bill Scoggins seconded the motion which carried 6-0. COUNCIL INPUT: Appreciation was expressed by everyone on council for the community involvement and outpouring of help, and for the outstanding job done by city employees following the plane crash last week. Special appreciation was given to John Patterson who coordinated rescue efforts with Cobb County, City of Marietta, Dobbins Air Force and others. Wade Lnenicka said Cobb County has approved an audit of the 1% Local Option Sales Tax money that was collected and they will make those results public. Mr. Lnenicka congratulated them for taking that step. John Steely reported that the Bennett Woods Garden Club would have their annual tour of homes December 3rd from 1:00 to 6:00 p.m., tickets $6 each. With no fur er bu iness, meeting adjourned at 8:58 p.m. A. MAX BACON, MAYOR MELI1JDA DAMA OM CITY BOB DAVIS, WARD 1 5 2 M . HAWKI,%S , WARD 4 L Y, WARD 7