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02-18-1985 Regular MeetingFebruary 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 o'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 Chief. Ms. Braswell also stated she could not understand why council went outside the department to fill this position and asked council why they did. Max Bacon said he voted for the most qualified man for 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 felt they had been misrepresented and were not going to drop the matter. Hugh Ragan then read a letter addressed to the Mayor and Council from 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. Privilege License: Kyong Sop Moon requested a liquor, beer and wine pouring license for Four 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. Attorney Rob Flournoy represented 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 of revenue since the business was closed December 7, 1984. Max Bacon asked why Mr. Moon did not transfer the license when he bought the business. Mr. Flournoy said Mr. Moon was represented by another 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 Ragan asked why Mr. Moon had not made some of the changes mentioned earlier when he was in business. Mr. Flournoy said that in October, 1984, he was told that he might lose his license and was afraid to spend the money until he was sure 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 problem speaking English and felt 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 of 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 several people. In reviewing the investigation it was found that the man had been drinking several hours and not for a short period of time. Mr. Flournoy February 18, 1985 - Continued said that Mr. Moon was not really responsible for any of these incidents. He has learned his lesson and knows he has to walk a straight line. James Williams mentioned another incident of drinks being served to minors. Mr.\ , Flournoy said if minors were being 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 Shinall also stated the quarterly report required by the City showing the amount of food sales had not been filed during the time period Mr. Moon was operating the business. Jack Shinall also asked if this was going to be a restaurant, bar or nightclub since they had alluded to the fact that he could not operate without the license. Mr. Flournoy said it would not be a viable business without the license. Kathy Brooks said that she and Jack Shinall had met with Mr. Moon previously and he stated he had no problems at the location and also seemed to understand what they were saying. Mr. Flournoy said he did not think Mr. Moon realized that this was a privilege license that could be taken away from him, and he was asking that Mr. Moon be given a second chance. , Bogey Stoner, owner 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 had, but did not feel that they should have to put up with it. They met in August and at that time agreed they had some problems and would do something about it. However, the situation did not change until they were closed in December. Floyd Coursey, owner of the Christian Book Store spoke and said he had a signed statement from every merchant in the shopping center asking that the license not be renewed. Jana Willis, Manager of Hancock Fabrics and Hubert Webb asked to speak and were also sworn in by Mr. Camp. Ms. Willis said she was relieved when McArthur's Park was closed. One night she was working late and the police came three different times and the ambulance once. Ms. Willis said she was afraid to work there at night and customers were afraid to shop at night. Mr. Webb said he cleans and maintains the Dairy Queen on South Cobb Drive for Mr. Stoner. He has observed five fights going on at one time in the parking lot,,. ' a knifing, and many other incidents. Mr. Webb said he was not against thel ' establishment if it could be controlled, but Mr. Moon was not able to control the situation. Mr. Flournoy said he had asked the employees from the establishment to come tonight and they all came forward and were sworn by Mr. Flournoy. The head of security spoke and said all patrons were carded at least twice during the night; 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 not sell beer in cans or allow go cups, as Mr. Webb stated earlier. Mr. Flournoy 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 discretionary measures as the County does. Jack Shinall stated that Section 3-2 of the ordinance was enacated to promote the health and general welfare of the community. Jack Shinall read a letter from Police Chief R. E. Little regarding the background investigation of the applicant (copy to be made a part of these minutes) and asked Chief Little for his recommen- dation. Chief Little said the business, as operated in the past, would be a public nuisance. Kathy Brooks made a motion the license be denied, based on the testimony heard tonight, seconded by Jack Shinall. Jack said he thought the denial was based on the Charter of the City that Council is sworn to uphold the health, welfare and morals of the community and from information heard tonight which makes it clear that a night club type establishment could possibly be a nuisance if anyone opened it. Vote on the motion to deny carried 6-0. Privilege License: Yu -Ling Lin requested a transfer of the beer and wine pouring license at Peking Gardens Chinese Restaurant, 2526 South Cobb Drive. Ms. Lin said she has operated the restaurant for 3 years and was asking that the license February 18, 1985 - Continued be transferred from Bobby Giles name to her name. Ms. Lin said they always serve food with beer and wine and they have never had any problems. There was no opposition �- and the police investigation was favorable. Kathy Brooks made a motion the transfer be approved. Max Bacon seconded the motion which carried 6-0. Public Hearing - Charter Amendment: Jack Shinall read the proposed Charter amend- ment as follows: ARTICLE VII, DIVISION 5, HOMESTEAD TAX EXEMPTION, SECTION 78. AUTHORITY TO GRANT The Mayor and Council of the City of Smyrna shall be authorized to exempt from taxation by the City of Smyrna, for the year 1985 and subsequent years, except for school purposes and to pay interest and bonded indebtedness, the homestead of each resident of the City of Smyrna, who is 65 years of age or older, in an amount not to exceed $4000, provided such residence is actually occupied by the owner as .a residence and homestead and so long as actually occupied by the owner as the owner's principal residence. All laws, acts, or ordinances or parts thereof in conflict with these provisions are hereby repealed. There were no comments from the audience and Jack Shinall made a motion the first reading of this amendment be approved. Jim Hawkins seconded the motion which r carried 6-0. Variance: Rem Bennett requested a variance of 7 feet on the side yard setback for 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 from the side line. Mayor Bacon read a letter 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 from lot 8 and also would be very 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 Shinall 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 far as he knew, was paid. After further discussion, Hugh Ragan made a motion the variance be approved with a $150 fine assessed. Jim Hawkins seconded the motion which carried 6-0. Variance Moratorium: Jack Shinall stated that Hensley -Schmidt has written a letter 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 March. 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) Brake-0 requested a permit for new construction at 1655 Spring Road at a total estimated cost of $121,000. Jim Hawkins made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 6-0. Bid Opening: Bids to replace ceiling tiles in the library were opened, read and recorded as follows: 1) R&R Interiors $3,750 2) Bennett & Son $3,775 Kathy Brooks said this was well over the budgeted amount and made a motion the bids be turned over to committee for re -consideration and possibly re -bid. Hugh Ragan seconded the motion which carried 6-0. C 11 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 Gilbert, candidate for Ward 1 council seat. Bid Opening: Bids for Hazardous Materials Response equipment were opened, read and recorded as follows: Item lItem Itemi Item Utem Item 1 2 3 4 5 6 7 8 9 1) American Safety & 2,381.36 (alternate bids for 5,6,7-did not meet specs) Fire House 2) Counts Rescue Equip. 1,800,001,290 588.60 146.80 31.45 3) Harolds Sales & 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 268P00 I � Hugh Ragan made a motion the bids be turned over to committee with authorization to purchase low bid on a line item basis, with any items purchased other than( low bid to be brought back before Mayor and Council. Jim Hawkins seconded the motion which carried 6-0. Bid Opening: Bids for pool chemicals were opened, read and recorded as follows: Stabilizer Granular Chlorine Soda Ash (loo lb bags) Bicarbonate Soda (100 lb bags) Calcium Chlorida (100 lb bags) Muriatic Acid D.E. (50 lb bags) McKesson Amtec Dixie Prod. No bid 2.86 lb 2.19 lb 122.00 ea 110.00 dr 104.40 cwt 12.50 ea 18.75 bag 14.25 cwt 24.00 ea 33.80 bag 27.00 cwt 18.00 ea 21.80 bag 17.80 cwt No bid 2.43 gal 1.90 gal 12.50 ea 13.65 bag 14.56 p/50 lbs Jim Hawkins made a motion the bids be turned over to the Parks Committee with their recommendation back at the next meeting. Max Bacon seconded the motion which carried 6-0. Bid Opening: Bids for a Parks Department station wagon were opened, read and' recorded as follows: 1) Days Chevrolet 2) Car World 3) Fouts Brothers 4) Strother Ford $8,299.00 (1985 Cavalier) $9,306.72 (1985 Chrysler) $13,254.00 (1985 Nissan Maxima) $8,497.00 (Ford LTD Wagon) Jim Hawkins made a motion the bids be turned over to the Parks Committee with their recommendation back at the next meeting. Jack Shinall seconded the motion which carried 6-0. Bid Award: Hugh Ragan stated at the last meeting bids were opened for a pickup truck for our new engineer. The apparent low bidder was Beaudry Ford at $6500 but their bid did not include air conditioning and radio. Therefore, the low bid was Fouts Brothers at $6,577 and the bid was awarded to them. Bid Award: Jim Hawkins made a motion the dump bed for a Parks Department vehicle be awarded to Interstate Truck Equipment Company, the low bidder at $2,350. Kathy, Brooks seconded the motion which carried 6-0. Request for Bid: Hugh Ragan stated that our new Fire Chief would start on February 25th and made a motion bids be requested for a new vehicle for Mr. Williams to be opened at the next meeting. James Williams seconded the motion which carried 6-0. 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 and need for future expansion, James Williams made a motion that 393 feet of 2" water line on King Street between Church and Concord Road be replaced with 6" line, to be paid from E&C Fund. James said the cost of this job will be $4,133.16 and the City will do the work. Jack Shinall seconded the motion which carried 6-0. Mayor Bacon said he had heard 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 their 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 attorney and would be talking to the taxi companies within the next few days. Block Grant: Jack Shinall made a motion the revised Block Grant projects for 1984/85 be approved. James Williams seconded the motion which carried 6-0. Committee Reports: Hugh Ragan introduced Mike Hutchinson and stated he was doing an excellent job for us. (Public Safety) Jim Farley announced the State-wide tornado drill would be February -27 , 1985. (Library) Doris Morris reported on library activities. (Finance) 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 for the City Administrator's job and when Mr. Camp completes the draft of job responsibilities we will be ready 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. (Water) James Williams said that over 700 letters would go out tomorrow to water customers who are not paying for sewerage treatment and read the letter as follows: "A review of our water and sewer customers indicates you are presently not being billed for sewer service, and are located within the water and sewer service boundaries of the City of Smyrna. Cobb County bills the City of Smyrna for sewer treatment based on the number of gallons of water used. Therefore, the City is actually paying the county for sewer treatment at your residence and you are not being billed for this service. A preliminary study of the area in which you live indicates that many homes are actually on sewerage, or that sewer service is available. If you are presently not on sewer, or sewer service is not available, please complete the bottom portion of this letter and return it to us within fifteen (15) days of today. Beginning with the April, 1985 water begin being billed for sewer unless we time. s/ARTHUR T. BACON, MAYOR 1) Connected to sewer system 2) Not connected to sewer system 3) Sewer is available 4) Sewer is not available billing, all customers in your area will are advised by you, within the specified Please return this form to: City of Smyrna, ATTN: Water Department" Max Bacon stated that Bill Darby had brought him a letter requesting approval for the Shriners to sell tickets at Hargrove & Spring to benefit the Crippled Children's Hospital. Max Bacon thanked Senator Jim Tolleson for his efforts 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 of Transportation for Seaboard Railroad and hopefully they have worked out a solution for the residents of Ann Road, by parking the trains farther north from where they are now. February 18, 1985 - Continued Max Bacon reminded everyone of the CMA meeting tomorrow night at Powder Springs. Announcements: Ward 1 election February 19th; Jonquil breakfast on February( k•7 10 20th. Mayor Bacon stated the 1984 DUI Task Force Report is in the Clerks office for those who want to see it. Mayor Bacon recognized Bob Davis, candidate for the Ward 1 council seat. With no further business, meeting adjourned at 9:43 p.m. ra� z�2r'tae"" ARTIJUR T. BACON, MAYOR WI LOUISE C=CITVCLERK MAX BACON, WARD 2 JA WILLIAMS, WARD 3 l) JAMES M. HAWKINS; WARD 4 K SHINALr, WARD 5 ZLZ KATHY BRO S, WARD 6 HUGH RAG N, WARD COUNCTT,MAN I, ; in 6 N.Vl S, do solemnly swear that I will well and truly 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. 4,--� Bob Lynn Davis Councilman Ward #1 Subscribed and sworn to before me this 7 ,day of March, 1985 (::]Jud , Cobb County Stat Court I MAYOR ARTHUR T. BACON CITY COUNCIL WARD 1 JIM TOLLESON WARD 2 MAX BACON WARD 3 f .DAMES WILLIAMS 1 WARD 4 JIM HAWKINS WARD 5 JACK SHINALL WARD 6 KATHY BROOKS WARD 7 HUGH RAGAN CITY CLERK WILLOUISE C. SPIVEY CITY ATTORNEY CHARLES E. CAMP ORDER'S COURT JUDGE C.V. REEVES POST OFFICE BOX 1226 SMYRNA. GEORGIA 30081 February 13, 1985 .l JONQUIL CITY TELEPHONE 434-8800 Mr. Hugh Ragan, Chairman Public Safety Committee City Hall Smyrna, Georgia 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 time the police department received and answered numerous calls of various types}both 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 made buys of cocaine in the place of business from one of the applicant'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 buys of drugs in the place of business from another person on October 11, 1984 and 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 -2- February 13, 1985 Public Safety Committee Since the surrender of the license end the close of the business at this location the department is no longer receiving these types of calls in the area. Yours truly, Ile REL:gc R.E. Little, Chief Smyrna Police Department