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10-06-1986 Regular MeetingJ4'J,V October 6, 1986 The regularly scheduled meeting of Mayor and Council was held pursuant to the Charter October 6, 1986 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer A. Max Bacon. All council members were present. Also present was City Attorney Charles E. Camp, City Administrator John Patterson, City Clerk Willouise Spivey, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Doyle Galloway from Harvest Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Billy Ray Blocker, candidate for Board of Education Post 4. Jim Hawkins read a proclamation for "Library Month" in November in recognition of the library's 50th anniversary and presented it to Librarian Doris Morris. Hugh Ragan read a proclamation for "Epilepsy Recognition Month" in November and presented it to Melissa Griffin who is the State poster child for the Epilepsy Foundation. DEPARTMENT REPORTS: Reports were given from Public Works, Clean Cities Commission, Parks and Recreation and Library. PUBLIC HEARINGS: (A) Variance request to increase size of sign for 7-11 on Spring Road Bob Davis said he had met with representatives of the Southland Corporation since the last meeting and they have agreed on signs for this location and the store on Old Concord Road which will not require variances. (B) Variance request to increase size of sign for 7-11 on Old Concord Road. No action taken since variance is no longer required. (C) Variance request to reduce front yard setback at 830 McLinden Avenue John Patterson said that Venson Abercrombie had requested this variance to construct a 10 x 20 porch across the front of his house at 830 McLinden Avenue which will extend approximately 9 feet into the minimum front setback of 40 feet. There was no opposition. Mr. Abercrombie said the porch would be attached to his house by the roof but open to the sides and not screened in. His next door neighbor also has a porch addition to his home which appears to extend even further into the setback. Jim Hawkins said he had received no calls or complaints since the sign was posted and made a motion the 9 foot variance be granted. Jack Shinall seconded the motion which carried 7-0. (D) Liquor pouring license request for La Paloma Mexican Restaurant at 1005 Cherokee Road. John Patterson said that Mr. Luis A. Salinas was owner of the La Paloma Mexican Restaurant which was granted a beer and wine pouring license several months ago. Mr. Salinas has now requested a liquor pouring license. The police investigation revealed nothing that would bar the applicant from obtaining the license. There was no opposition. , Mr. Salinas said they currently serve beer, wine and a wine -based Margarita which they felt would be sufficient when they first opened, but many of their customers are requesting stronger drinks with their meals. Mr. Salinas said they have had no problems and drinks are served with meals only since they do not have a lounge area. With little discussion Kathy Brooks made a motion the license be granted. Jim Hawkins seconded the motion which carried 7-0. (E) Beer and wine pouring license request for Jade Villa Chinese Restaurant, 3240 South Cobb Drive. John Patterson said that Mr. Wing San Chung had requested a beer and wine pouring license for this location at the Crossings Shopping Center. This request was tabled at the last meeting due to an apparent lack of communication and concerns by council that Mr. Chung did not understand our city code. The background investigation was found to be in order and there was no opposition. October 6, 1986 - continued Jack Shinall said the Alcoholic Beverage Committee met with Mr. Chung and at that time he stated he did not understand some of the questions being asked at the last meeting; he has problems when you speak fast or ask a lot of questions at once. At the committee meeting he fully demonstrated that he understood the ordinance and knows what he needs to do in the sale of alcoholic beverages. Jim Hawkins asked Mr. Chung several questions about the ordinance and apologized if they confused him at the last meeting. Jim said the other parts of the application had been covered and now that they were satisfied that he does understand the ordinances of the city and state, made a motion the application be granted. Jack Shinall seconded the motion which carried 6-1 with Hugh Ragan opposed. FORMAL BUSINESS: (A) Ordinance amendment to allow alcoholic beverage sales on election days. John Patterson said that several years ago, the State code was amended to allow alcoholic beverage sales on Special and Local election days and the city ordinance was amended to allow its merchants to sell on these days. In 1985, HB 247 was passed which allows cities and counties to pass local legislation and allow the sale of alcoholic beverages on all election days. Several merchants have requested council action to allow them to sell on all election days, as Cobb County does. Jack Shinall read the proposed amendment to the ordinance by deleting sub- paragraph (a)' of Section 3-68 in its entirety and replacing with the following: (a) Wine and/or malt beverage retail businesses shall be entitled to operate between the hours of 8:00 a.m. and 2:00 a.m. Monday through Friday, and Saturday 8:00 a.m. through 2:55 a.m. on Sunday. No sale shall be made between the hours of 3:00 a.m. Sunday and 8:00 a.m. on Monday or on Christmas Day. Establishments issued Sunday sales permits shall be authorized to open on Sundays between the hours of 12:30 p.m. to 12:00 a.m., except when such Sunday is Christmas. Sales on all election days shall be as designated by the Official Code of Georgia Annotated. This section shall apply to private clubs as well. Also, that Section 3-67 be amended by deleting sub -paragraphs (d) and (e) in their entirety and replacing with the following: (d) Sundays, holidays. Except as herein provided, no licensee for the sale of alcoholic beverages shall permit his place of business to be open for the sale of alcoholic beverages on Sundays and Christmas Day. Establishments issued Sunday sales permits shall be authorized to open on Sundays, except when such Sunday is Christmas, during' the hours of 12:30 p.m. to 12:00 midnight, as provided in Section 3-68 herein. (e) Election Days. The sale of alcoholic beverages in the City shall be permitted election days, as the same are defined in the Official Code of Georgia Annotated Section 3-3-20. Jim Hawkins said he did not particularly like the amendments, just as he did not like the Sunday sales of alcoholic beverages, but did not feel it was fair to our merchants to make them close on election days when the establishments in Marietta and Cobb County are open and would probably support the motion for that reason. Jack Shinall made a motion the ordinance amendments be approved. Bob Davis seconded the motion which carried 6-1, with Jerry Mills opposed. (B) Approval to request bids for new PBX system. John Patterson said the City's Dimension telephone system was installed in 1979 and now cannot handle the capacity of calls generated on a daily basis. Mr. Patterson said he would like to proceed in requesting bids for a new PBX system that will enable us to handle more calls, more efficiently to assist us and the citizens who do business with the City. Hugh Ragan made a motion bids be requested for a new telephone system. Kathy Brooks seconded the motion which carried 7-0. October 6, 1986 - continued (C) Appointment to Parks and Recreation Commission - Ward 4. Jim Hawkins made a motion tht Deborah Clayton be reappointed to the Parks and Recreation Commission representing Ward 4. Kathy Brooks seconded the motion which carried 7-0. Joel Harrell made a motion the rules be suspended for the appointment of his representative. Jim Hawkins seconded the motion which carried 7-0. Joel Harrell made a motion that Charles Cook be reappointed to the Parks and Recreation Commission representing Ward 2. Bob Davis seconded the motion which carried 7-0. (D) Presentation of Audit. John Patterson said that the firm of Arthur Young had conducted the audit for the City of Smyrna's fiscal year ending June 30, 1986 and Wade Mitchell from that firm was here tonight to present the results of the audit. Mr. Mitchell expressed his appreciation to John Patterson and Merle Starr for their assistance and also to Terri Betts and Steve McBrayer from their firm. The audit was performed in conformance with generally accepted auditing standards established by the American Institute of CPA's and was also in compliance with the Single Audit Act of 1984. An unqualified opinion was rendered on the General Fund, Special Revenue Fund and General Long Term Debt account group. The unqualified opinion is basically the highest form of assurance that a CPA can render on a financial statement. A qualified opinion was rendered on the financial statements of the Water and Sewer Fund dealing with the absence of adequate fixed asset records in that fund. They also disclaimed an opinion on the General Fixed Asset account group due to absence of detail in the fixed asset records. There were also some prior period adjustments which are detailed in the footnotes to the financial statement. Mr. Mitchell said the City of Smyrna is in an especially strong financial position for a city this size with the General Fund having a $6.1 million unreserved, undesignated fund balance and the Water and Sewer fund having a $3.9 million unreserved, undesignated fund balance. BID AWARDS: (A) Copier for City Hall. John Patterson said our copier is in pretty bad mechanical shape and obsolete in some of its features and would require a great deal of expense to get it into good condition. Bids were requested recently and demonstrations were given at City Hall on some of the machines. Bids were received from three vendors but the low bid from Pitney -Bowes did not meet specifications. Upon the recommendation of John Patterson, Hugh Ragan made a motion the bid be awarded to Toshiba for $7,523. Kathy Brooks seconded the motion which carried 7-0. (B) Fence at King Springs Park. John Patterson stated a fence is needed around the new storage building at King Springs Park to protect the equipment in that area. Bids were received from two companies with the low bid at $2,018.82. Kathy Brooks made a motion the low bid be awarded to Lecroy Fence Company. Joel Harrell seconded the motion which carried 7-0. (C) Feasibility study for library expansion. John Patterson said that due to lack of space to provide services to our patrons, the library requested bids on a feasibility study to determine our needs for the next 20 years concerning remodeling, expansion, parking, etc. Bids were sent to four consulting firms, with two responding. Hugh Ragan stated that Senator Jim Tolleson last year presented a check for $10,000 from the Governors Emergency Fund for the library and we held off on requesting proposals until we could get a better price. Upon the recommendation of John Patterson, Hugh Ragan made a motion the feasibility study be awarded to Hoyt R. Galvin, the low bidder at $3,650. Joel Harrell seconded the moiton which carried 7-0. October 6, 1986 - continued COMMERCIAL BUILDING PERMITS: (A) J. H. Gordon Corp. requested a building permit for new construction for Harold Wolfe Company on Old Concord Road behind West Building Supplies at a total estimated cost of $338,000. Jack Shinall made a motion the permit be approved subject to approval of the Inspections Department, Fire Marshal and City Engineer. Kathy Brooks seconded the motion. During discussion it was brought out that the application was incomplete and the type of use for the building was not specified. Jack Shinall said he would like for council to adopt a policy that building permits be approved by the Inspections Department, Fire Marshal and City Engineer prior to coming before council. The Mayor and other council members agreed that it would be a good idea and John Patterson said if there were any strong reasons why they should not adopt such a policy he would discuss it with them Thursday night. Jack Shinall then made a motion this permit be tabled to the next meeting. Jerry Mills seconded the motion which carried 7-0. (B) Carl Stephens requested a building permit for new construction of a Western Steer Family Steak House on Concord Road at a total estimated cost of $400,000. Jim Hawkins made a motion the permit be approved subject to approval of the Inspections Department, Fire Marshal and City Engineer. Jack Shinall seconded the motion which carried 7-0. (C) Cochran Properties requested a building permit for construction of a new shopping center on Spring Road at a total estimated cost of $1.8 million. Bob Davis made a motion the permit be approved subject to approval of the Inspections Department, Fire Marshal and City Engineer. Hugh Ragan seconded the motion which carried 6-1, with Joel Harrell opposed. CONSENT AGENDA: Jim Hawkins made a motion the minutes of September 1, 8 and 15 be approved as submitted. Jack Shinall seconded the motion which carried 7-0. COUNCIL INPUT: Bob Davis stated that October 5-11 is Fire Prevention Week. Joel Harrell stated the water restrictions have now been lifted and thanked everyone for complying with the restricted use, but also to still use caution with their outside water use. Joel said he hoped to have a report on Phase II of the sewer rehab work next meeting. Jim Hawkins said bids would be opened October 13th for the court room renovation and they hope 'to have the building finished by the first of the year. Jim Hawkins asked John Patterson to have Mike Hutchinson prepare a report for the next meeting to determine the feasibility of a traffic light at the Lamar Circle/Concord Road intersection. This is a dangerous intersection now and will worsen with construction of the new steak house and shopping center. Kathy Brooks said the first annual employee's picnic was held October 4th at King Springs Park. There was a good turnout and everyone enjoyed the day. Hugh Ragan said he and his family also enjoyed the picnic very much. Hugh Ragan said our city is obviously in good financial condition based upon the presentation heard tonight by Arthur Young & Company but emphasized that a city does not get in good financial condition overnight or in the course of the year. A lot of credit goes to Willouise Spivey because she has done an excellent job. With no further business, meeting adjourned at 8:45 p.m. xxx4c�r>cfc�'r�'r�cxxfcxsYx4cxsY4c