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04-05-1993 Regular MeetingApril 5, 1993 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on April 5, 1993. 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. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Assistant Public Works Director Larry Dunn, Police Major Kent Sims, Parks and Recreation Director Steve Ciaccio, Personnel Director Mary Ann White, Community Relations Director Kathy Barton, Finance Director Jim Triplett, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Library Director Laurel Best and representatives of the press. Invocation was given by Chuck Moon, pastor of Tillman Methodist Church followed by the pledge to the flag. Councilman Pete Wood read a proclamation for "Griffin Middle School Day" and presented it to school representatives. CITIZENS INPUT: Sarah Hodge questioned the method of monitoring water accounts and stated that her rental house at 850 Wayland Court had been vacant for quite some time. The former tenants, however, had never paid a water bill and Mrs. Hodge was concerned that a lien might be placed against the property. Mrs. Hodge stated that the city has been unresponsive to a drainage problem at her mothers home on Ventura Place. Mayor Bacon told Mrs. Hodge that he would look into these matters and call her. Steve Turley and other representatives of the American Legion thanked Wade Lnenicka for representing the City on March 24th when their National Commander visited. Al Crutchfield advised that the Legion has been involved with the Cobb County Special Olympics for a number of years and have raised over $10,000 through special events. Betty Turley invited council members to the annual dinner/dance on April 24th which marks the end of the Jonquil Festival. Sue Brissey invited everyone to visit the Library and view the P. Buckley Moss art exhibit which will be on display through the end of April. PUBLIC HEARINGS: (A) Agent change - A & P Food Market #765, 3205 South Cobb Drive Bob Thomson stated that A & P has bought out the Big Star stores in Smyrna and are requesting an agent change for this location. Mr. Wallace Perkins has held the license for A&P at Belmont Hills since 1989 and will be the new agent for this location. The police investigation was favorable and there was no opposition. Councilman Hawkins asked Mr. Perkins if he was a resident of Cobb County and if he understood all the laws regarding sales of alcoholic beverages. Mr. Perkins stated that he had been employed by A&P for 7 years, had held their license since 1989 and understood all the laws governing the sale of alcoholic beverages. In response to a question from Mr. Hawkins, Mr. Perkins said they do have some underage clerks in the store, but they are assisted by a supervisor for alcohol sales. Councilman Hawkins made a motion the license be approved. Councilman Lnenicka seconded the motion which carried 7-0. (B) Agent change - A & P Food Store #789, 2784 Hargrove Road Councilman John Patrick made a motion the license for this location also be approved for Wallace Perkins as the new agent. Councilman Bill Scoggins seconded the motion which carried 7-0. (C) Variance request - reduce rear yard setback from 45 to 38.5 feet - 1720 Tyler Green Trail April 5, 1993 meeting - continued Bob Thomson stated that Mr. Scott Graham is requesting a variance to reduce the rear yard setback from 45 to 38.5 feet for a new home that he has constructed at 1720 Tyler Green Trail. The variance is necessary due to encroachment of the deck into the setback line. There was no opposition. Councilman Lnenicka asked Mr. Graham to describe the need for the variance. Mr. Graham said there are two homeowners who are adjacent to this property. One of the homeowners, David Johnson, signed a letter stating he had no objections to the deck. The other homeowner, Peter Goulden, whose property does not even line up with the deck was not willing to agree to the variance and stated he was not happy with the fact that the deck was encroaching. Mr. Graham said they considered trimming off the edge of the deck but it is under contract and the owner said he would not purchase the home if any portion of the deck was removed. Mr. Graham said they had discussed a privacy fence for the Goulden's but his house sits up so much higher that it would require a 12 or 15 foot privacy fence to be effective. All trees within 5 feet of the footings and foundation have been left up to the rear corner of the lot and Mr. Goulden was happy with that. Mr. Graham said he has been in construction for 8 years and was under the impression that as long as the footings, foundation and roof were within the setback that the deck could encroach. In fact, one of the inspectors told him that a variance was not required but another person in the office advised that was no longer the case, and that a variance would be required. Mr. Graham said the home is due to close in 10 days and the deck is complete. Councilman Lnenicka said he did talk with both homeowners Saturday and although the Goulden's are not happy about the deck, they are not insistent that it be torn down. They are concerned that it not be enlarged or enclosed. Mr. Graham said he would agree to that stipulation and the owner also had no intentions of modifying the deck. After further discussion, Councilman Lnenicka made a motion the variance be approved to reduce the rear setback from 45 to 38.5 feet with a stipulation that the deck existing on the home never be expanded, modified, enclosed, or in any way further encroach on the rear setback any more than it already does. Jim Hawkins seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Appointment of DDA members Councilman Pete Wood made a motion the following members to the Downtown Development Authority be reappointed for a one year term: Willouise Spivey Hubert Black Jimmy Wilson C. J. Fouts Jim Pitts Steven Shupert Doug Stoner A. Max Bacon, Chairman Councilman Jack Cramer seconded the motion which carried 7-0. (B) Ordinance amendment - Section 11-46 - car wash discharge into sewer system Councilman Ron Newcomb said this ordinance will limit the discharge of water and detergents into the storm drains and require that all commercially zoned carwashes be tied onto the sanitary sewer system. The State Water Quality Act allows the Environmental Protection Division to impose fines of up to $50,000 per day for violators. This ordinance brings, to the attention of the carwash April 5, 1993 meeting - continued owners that there are State laws they must comply with. Councilman Newcomb made a motion the ordinance, read as follows, be approved: Section 11-46. Discharge from car washes Any commercially zoned car wash facility shall be required to connect its discharge of detergents or other chemicals used in the cleaning of vehicles to the sanitary sewer system. It shall be unlawful for such facilities to release its untreated detergents onto the ground or street, or into the storm drainage system. This section shall also apply to car wash facilities within a multi -family complex which are used by multiple residents. Mr. Newcomb said the ordinance would become effective July 5, 1993 and would like for all businesses affected to be given written notice of the change so that they will have time to bring their business in compliance. Councilman Hawkins asked what affect this would have on the youth and other organized fundraising car washes that are conducted periodically. Mr. Newcomb said this ordinance restricts only commercially zoned car wash facilities but thought the churches and schools would face a potential liability if someone should evoke the State law. Mr. Hawkins said he was concerned that we are not applying the law fairly and equally if we restrict commercial car washes and not do the same for other groups. Mr. Hawkins said he could foresee problems with complaints from commercial establishments after the ordinance goes into effect. After further discussion, Councilman Wade Lnenicka seconded the motion to approve the ordinance which carried 5-2 with Jim Hawkins and Bill Scoggins opposed. Mr. Hawkins said he was opposed not because of the environmental issue but because we are not applying the law equally. (C) Ordinance amendment - Section 11-4 - Prohibition of strobe lights Bob Thomson said that because of the distraction and safety hazard to motorists, it is recommended that the ordinance be amended to adding a new section to prohibit strobe lights. Councilman Ron Newcomb read the proposed amendment as follows: Section 11-4. Strobe lights - declaration of Nuisance. Strobe lights which are visible to public streets are hereby declared a nuisance to the public health, safety, and welfare. Any person who places, permits or allows any type of strobe light upon a property or inside any premise in the City that is visible from any point beyond the property on which said strobe light is located shall be deemed to have created a nuisance and shall be punishable as provided in Section 11-8. This section shall not apply to traffic signal or safety devices. Councilman Newcomb said that he hoped we could work with business owners for a period of time before enforcing this ordinance and made a motion the ordinance be approved. Jack Cramer seconded the motion which carried 7-0. (D) Approval of court services division Bob Thomson said the court services division has been under study for some time, evaluated by the Police Department and City Clerk's office. The recommendation by staff is that a court services division be created and that we begin renovations on the Judicial Building to provide office space for employees that will be transferred from the police department. April 5, 1993 meeting - continued Councilman Hawkins said this was an on -going process of a commitment made by the City several years ago to improve the quality of all city services. We started years ago with the construction of the new public works facility, upgrading the police department and fire department and most visibly, the construction of the new community center and library. The division of court services from the police department is a continuation of that evolvement, by having a professionally run court that is not staffed or managed by police department personnel. We have a very active city court and will collect over $1 million dollars in fines and fees this year. Councilman Hawkins made a motion that court services be separated from the police department with that department reporting to the City Clerk as specified by the City Charter. Wade Lnenicka seconded the motion. Councilman Newcomb said he supported the motion and agreed with the separation of power. Councilman Lnenicka said he also felt it was time to separate the departments but also recognized the fine job that our court people have done so far including the civilian and uniformed employees of the police department under the supervision of Captain Clack and Chief Hook. Vote on the motion to approve carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: (A) Body shop contract Councilman Wood made a motion the bid be awarded to Artcraft Collision for one year, excluding large trucks and heavy equipment. Jack Cramer seconded the motion. Councilman Lnenicka said it was important that someone from the City be responsible for overseeing the contract and making the day to day decisions necessary to make it work. Bob Thomson said that we have been working with Mr. Hubert Black and he will take our Finance Officer to the body shop for a couple of visits to familiarize him with the process and Chief Hook is also prepared to appoint someone from the Police Department with an on -going day to day knowledge of the special needs of the police vehicles. Vote on the motion carried 7-0. CONSENT AGENDA: (A) Approval of March 15, 1993 (B) Approval of March 11, 1993 (C) Amendments to FY93 budget (D) Ratify decisions of TEFRA Smyrna Housing Authority minutes special called meeting minutes hearing and inducement letter or Pete Wood made a motion the consent agenda be approved seconded by Bill Scoggins. Bob Thomson stated the City had no financial or legal exposure under item (D) on the consent agenda. This action only approves the action and recommendation of the Housing Authority in providing a method of financing housing construction with tax benefits under the Tax Equalization and Financing Act. Vote on the motion carried 7-0. SHOW CAUSE HEARING - SOUTH COBB CHEVRON Bob Thomson stated the Police Department conducted a sting operation several weeks ago and of the 5 or 6 locations checked in the city the only violation of!sales to a minor was at the South Cobb Chevron. The Clerk was cited into State court for selling to a minor. The agent Robert Rogers, owner David Dhanani and Lt. Joe Martin were sworn in by•Attorney Camp. Lt. Martin said that on March 10th through a joint operation with the Cobb County police department, they visited 10 different locations, 5 in the City, and sent an underage person into the stores to purchase alcoholic beverages. The only violation was at the Chevron Station on South. -Cobb and Bank Street. The clerk sold a 6 pack of beer to a 19 year old white female and he was cited 5 ,. April 5, 1993 meetincr - continued into State court for the violation. The clerk, Mr. Aziz Jamani did not ask for any type of identification. Mr. Jamani admitted making the sale and told the officers that she, looked to be 21 years of age. This is the second offense for the same location and same agent, but the sale was made by a different clerk. Mayor Bacon called on Mr. Rogers who was asked by Councilman Cramer to describe the type of training program they use for employees. Mr. Rogers said since this incident they have sent letters to all employees, they have a birthday calendar in the store and give constant, verbal reminders to them. Mr. Rogers said when he became the licensee about 5 years ago they gave all employees a training booklet and always give them constant verbal reminders to check identification. Mr. Jamani is still employed, but has been placed on 60 day probation. Councilman Lnenicka asked Mr. Rogers about his presence in the station. Mr. Rogers said he was normally there 3 to 4 days a week, sometimes as much as 2 to 3 times a day. There are 5 employees at that particular store and they have 7 locations in the metro Atlanta area. Mr. Rogers said to his knowledge there have been no problems or violations at the other stores but he did not hold all the licenses. Mr. Rogers said they did have a violation in 1989 but the sale was made by a different employee. Lt. Martin stated that Mr. Jamani did not have a city permit to sell alcoholic beverages and to date, had not applied. If Mr. Jamani is convicted in State Court, he will not qualify for a permit to sell and if a permit is issued beforehand, it will be revoked upon conviction. Councilman Lnenicka advised Mr. Rogers that he must be licensed immediately or his employment suspended. Mr. David Dhanani, owner, stated that Mr. Jamani is on probation now and is not an active employee. The outcome of the hearing tonight will determine the outcome of his employment status. Mr. Dhanani said in the future they will offer additional training and Chevron also offers a training program which they will review every 3 months. They also will have their employees acknowledge their training by signing a statement which will be kept on file. After further discussion, Councilman Hawkins made a motion the license be suspended for 60 days with a provision that they be allowed to redeem the license through payment of a $1,000 fee. Also, that the location be placed on 1 year probation with any further violations resulting in permanent revocation. Bill Scoggins seconded the motion. Councilman Newcomb said he felt this is a serious second offense violation and they had abused their privilege of selling alcoholic beverages. This location has been visited twice during sting operations and both times, sales were made to a minor. Councilman Newcomb made a substitute motion that the license be revoked, which died for lack of a second. Councilman Newcomb moved that the original motion be amended by striking the portion which would allow the redemption of the license through payment of a $1,000 fee. Jim Hawkins seconded the amendment. Vote on the amendment and main motion carried 7-0, with the 60 days suspension becoming effective at midnight tonight. COMMITTEE REPORTS: Councilman John Patrick called on Laurel Best for a report from the Library. Councilman Ron Newcomb called on Ken Hildebrandt for a report from Community Development. Mr. Hildebrandt said that Highland Parkway has been resurfaced at a total cost of $141,000, with 60% reimbursement from the State Department of Transportation. Councilman Lnenicka asked Mr. Hildebrandt to continue working with Cobb County and pursue the extension of a sidewalk on Atlanta Road to serve those homes who lost property frontage during the last widening project. r April 5, 1993 meeting — continued Councilman Newcomb called on Mary Ann White for a personnel report. Mrs. White stated that Cheryl Crain of the Smyrna Library has been chosen as Employee of the Month and although she could not be here tonight, would present her with a certificate and savings bond. Mrs. White also reminded everyone of the job hotline which provides up to date information about current openings. Councilman Newcomb said that a Ward 2 homeowner was recently cited and fined in Municipal Court for zoning violations and reminded he citizens that if they have complaints they should call our City Marshal. Bill Scoggins called on Kathy Barton for a report from Community Relations. Mrs. Barton said there were about 74 volunteers who worked during the adopt a highway project on Saturday. Also, April 24th is the date for the Jonquil Parade with a flag raising ceremony following. Councilman Scoggins called on Assistant Public Works Director Larry Dunn for a report. Mr. Dunn said the chipping program started today and they expected it to be quite successful. Several drainage improvement projects are also underway and the McLinden Avenue project will begin tomorrow. Councilman Hawkins called on Chief Larry Williams for a report from the Fire Department. Chief Williams said the Smyrna Fire Department today participated in a training teleconference with different agencies in the metro area participating. Councilman Cramer called on Parks Director Steve Ciaccio for a report. Mr. Cramer also reported on his Ward 5 meeting held last Tuesday at City Hall which was very successful. Councilman Lnenicka read letters from citizens commending several of our police officers for their exemplary performance. Mr. Lnenicka said our officers do an excellent job and he appreciated the citizens for taking the time to recognize them. Councilman Wood called on Finance Director Jim Triplett for a report from the Finance Department. Mr. Triplett said we have begun the 1994 budget process and have received submissions from the different departments. Councilman Newcomb said he would like to recognize and express his appreciation to the four businesses in Smyrna who were not cited for violation of the alcoholic beverage ordinance; Cobb House Liquor Store, Oasis Package Store, Amoco Station at Atlanta Road and Concord Road, and the Exxon Station at Atlanta Road and Spring Road. With no further business meeting adjourned at 9:22 p.m. A. MAX BACON, MAYOR M�ELINDA DAME N, CITY CLERK HVAT9ICK, -WARD 1 _ RN NEWCOMB, �n1ARD 2• // ,/ L MOGI f4s, 3 " JAMES M. W NS, WAR 4 2 ACK AMER, WARD5 WADE LNE I KA, WAR 6 LiU CHARLES PETE WOOD, WARD 7