Loading...
02-16-1998 Regular MeetingFebruary 16, 1998 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Charlene Capilouto who was ill. Also present was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Human Resources Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. Invocation was given by Reverend John Hearst, Mt. Zion Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Mike Sizemore, Sizemore Floyd Architects, who presented Chief Stan Hook and the city a plaque awarded recently from the American Concrete Institute for the new Public Safety facility. Mayor Bacon recognized Curt Johnston, School Board member, who talked about the Cobb County School Board System and the overcrowding in the schools. He thanked the city for its participation with the area schools. Mayor Bacon recognized Janet Peeler, Assistant Principal of Campbell Middle School. Ms. Peeler talked about the recognition programs for academically achieving students. Mayor Bacon recognized Mary Ann White, Director of Human Resources, who presented the "Star Employee of the Month" award to Eric Douglas Cooper, Public Works Department. Mr. Cooper was commended for his recent work repairing an 8" water line break. Mayor Bacon recognized Walter Lee, Kiwanis Club representative. Mr. Lee invited everyone to attend their fund-raising pancake breakfast this Saturday morning at the Community Center. He stated the breakfast will begin at 8:30 a.m. and end at 11:00 a.m. PUBLIC HEARINGS: (A) Variance Request - 909 Sharon Circle - Reduce Front Yard Setback from 40 Feet to 32 Feet Mr. Smith stated the applicants, Ralph and Kathryn Sanders, are requesting this variance in order to build a front porch on their home. He further indicated they stated in their letter of hardship that the porch is needed to help keep them out of the rain while unloading their car. He further stated Mr. Sanders is handicapped and this would help him access the house. Mr. Smith stated there are letters from the contiguous neighbors who have indicated they have no objection to this variance request. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked Ms. Sanders to explain why the variance is being requested. Ms. Sanders stated the porch would be helpful in allowing her husband to be outside during the summer and they enjoy a front porch. Mr. Hawkins stated for the record the neighbors have indicated they have no objection to the porch and the variance being granted. Councilman Hawkins made a motion the variance request at 909 Sharon Circle to reduce the front yard setback from 40 feet to 32 feet be approved. Councilman Scoggins seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (B) Variance Request - 3394 Shawnee Trail - Reduce Side Yard Setback from 10 Feet to Zero Mr. Smith stated the applicant, Patsy Elrod, is requesting the variance in order to add a double carport with storage to their home. He further stated there is an existing concrete pad at the property. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Lnenicka asked Mr. Elrod to explain what they plan to do and why the variance is being requested. Mr. Elrod stated they plan to add a double carport and now just have a parking pad. He stated the addition will have the same roofline and overhang as the home and this requires a zero side yard setback. He stated their home faces Shawnee Trail and their neighbor's home faces Mohawk Place. He February 16, 1998, meeting - continued stated this carport will be coming to the back of the neighbor's property line. He stated the affected property owners have indicated they have no objection to the variance request. Councilman Lnenicka stated for the record there is a letter from the neighbors indicating they have no objection to this request. Councilman Lnenicka stated the reason for the zero lot line variance is because the driveway runs along the property line, which is the rear property line of the Adams on Mohawk Place. Councilman Lnenicka made a motion that the variance request at 3394 Shawnee Trail to reduce the side yard setback from 10 feet to zero feet be approved. Councilman Wood seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (C) Variance Request - 4585 South Cobb Drive - Reduce Side Yard Setbacks from 50 Feet to 10 Feet Mr. Smith stated the applicant is requesting this variance in order to build a commercial, retail building. He stated the property has residential property on both sides. He further stated the applicant stated in his letter that this variance is being requested due to the severe slope of the property. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. Those persons were administered the oath by City Attorney Chuck Camp. Councilman Lnenicka asked the applicant, Mr. Morris Piha, to step forward. Mr. Lnenicka stated it is the applicant's request to table this issue but felt it would be beneficial to have discussion on the variance request at this time. Councilman Lnenicka stated the prospective owner of the property is Mr. Morris Piha and asked him to explain what he is proposing to do on this property. Mr. Lnenicka stated this property is immediately north of Fire Station 4 on South Cobb Drive, which also has some parcels which intersect with Lois Street on the rear and Main Street on the north side. Mr. Piha stated he plans to build a one- story brick building to handle wholesale/retail business. He stated they sell and represent the manufacture of vending machines, snack machines, and sell and represent the manufacturers of coin operated video machines. He stated they sell parts and have customers coming into the business as well as salesmen who cover the State of Georgia. He stated their current facility has been outgrown and would like to expand their business. He stated they would like to put a nice, attractive building on the site with nice landscaping. He stated the sketch they had indicated they would interrupt the traffic lane on Main Street and they have decided to fence that area in; it would be blocked in and there would not be any exit or entrance of any vehicle - automobile or truck - on that street. Mr. Piha stated the entrance/exit will comprise of South Cobb Drive and Lois Street. He stated they will have trailers bringing in equipment and pickup trucks and automobiles. He stated they employ 35 - 37 people and at least 30 of those employees live in Cobb County. Mr. Piha stated they plan to abide with the wishes of the residents in the community and stated he would be happy to answer any questions at this time. Councilman Lnenicka stated some of the things he and Mr. Piha discussed were the Main Street entrance on the back and the possibility of constructing, on the back, a possible entrance/exit for fire trucks or emergency vehicles but it would be gated and except for that would not be used. Mr. Piha responded that was correct. Mr. Piha stated since the property is so steep at that point there would be no necessity for a driveway at that location. Councilman Lnenicka stated when the county puts the East/West Connector Phase 5 between South Cobb Drive and I-285, the understanding the city has is that Main Street will become a cul de sac and will no longer be a through street. Mr. Lnenicka then asked Robin Broyles, Chief Building Official, and the Public Safety Chiefs, when the plans are reviewed to consider the desirability of an emergency entrance/exit for the city's emergency vehicles. He further stated if those officials state an entrance/exit is needed or not needed Mr. Piha would be in agreement with that decision. Mr. Lnenicka stated Mr. Piha had indicated putting in a landscaped buffer along Main Street in the back but what kind of buffer has not yet been determined. He stated Mr. Piha will work on that during the next couple of weeks. He further stated Mr. Piha's intention would be that the people on Main Street would not be able to see the building because of the nicely landscaped area that will be developed. Mr. Piha stated that was correct and stated if they are able to purchase the site, they will spend quite a bit of money facing South Cobb Drive and naturally will expect to put up a nice attractive building. He stated it is a family organization and the family will be there to take care of it. Mr. Lnenicka stated some of the interesting things about the property that make it a little different from the normal variance is that the property will adjoin a number of adjacent properties that are zoned a number of different zonings. Councilman Lnenicka stated Mr. Piha is asking for a variance that would be between his property zoned General Commercial and adjacent residential property which is only a portion of his property boundary line. He stated the property between General Commercial and General Commercial on South Cobb Drive requires no buffers between commercial properties but between residential property and commercial property there is a requirement for a buffer and setback. Mr. Lnenicka stated what he understands Mr. Piha is trying to do in the next couple of weeks is to better define with his engineer exactly what his building requirements or driveway requirements might be in order to better understand what his needs are. Mr. Lnenicka stated a question was asked by one of the residents about the zoning of the property. Mr. Lnenicka stated he February 16, 1998, meeting - continued discovered that in the council meeting minutes of August 1, 1988, the property was rezoned from a combination of R-20 Residential (1/2 acre lots) and Planned Shopping Center, which was the zoning the county had on the property, to General Commercial. Mr. Lnenicka read from the minutes of that meeting that several properties had been combined to form that tract and Mrs. Foster had requested her property be rezoned to General Commercial, even though it is used for residential purposes today. Mr. Lnenicka further stated there was a proposal for some buildings in construction there, which did not happen. Councilman Bob Betenbaugh, who served on the council at that time representing Ward 7, made a motion that the zoning be approved with the stipulation that the curb cut on Lois Street be deleted. He stated that motion was seconded and after discussion, Mr. Betenbaugh amended his motion to include a stipulation that Lois Street be widened approximately four feet from South Cobb Drive north to a point at the existing curb cut on Lois Street and that was seconded and all the amendments to the motion carried 7-0. Councilman Lnenicka then asked City Attorney Chuck Camp since the projected construction did not take place if those requirements about the Lois Street entrance be deleted and obviously the motion about widening the street will be interesting since the street actually belongs to the County. Mr. Lnenicka stated there would be some advantage to having the trucks come in from South Cobb Drive and leave via Lois Street. Mr. Lnenicka stated it was Mr. Piha's intention was that the entrance on Lois Street would be a left turn in/right turn out so that the traffic would be directed to and from South Cobb Drive and not back up toward Main Street. Mr. Lnenicka stated this issue should be researched by Mr. Camp prior to the next meeting. Mr. Piha sated they would have no need to have truck traffic go up Main Street as it will be a dead end street. Mr. Piha stated he would like to verify whether or not a median would be constructed in the center of South Cobb Drive in front of the bank and in front of the property he is asking for the variance on. Mr. Lnenicka summarized that Mr. Piha is requesting this item be tabled for two weeks and Mr. Piha will use that time to meet with his engineer and the landscape architect and try to better develop the building footprint required, the landscaping they plan to put in around the building. Mr. Lnenicka stated the city will work on the question about the truck entrance on Lois Street and how that can be configured. He also stated Mr. Piha is prepared to go in with a left in/right out entrance -on Lois Street and no entrance at all on Main Street unless the public safety chiefs request it for emergency access. He stated Mr. Piha will also determine other minor things such as placement of dumpsters. Mr. Piha stated they would be open to suggestions from the city and the neighborhood as he wants the neighbors to be happy. City Attorney Chuck Camp stated Mr. Piha does not currently own the property and should not attach a deed to his application for the variance request. Mr. Lnenicka asked City Engineer Ken Hildebrandt if he had any knowledge of a proposed median on South Cobb Drive. Mr. Hildebrandt stated he has heard it suggested as a possible long-term future project by the Georgia Department of Transportation but has not heard it as part of the East/West Connector. Mayor Bacon recognized Ms. Bertha Reeves, 1935 Main Street. Ms. Reeves stated she is concerned about the part of the property on Main Street and questioned whether trucks would be parked on that portion of the property. Mr. Lnenicka stated he understood Mr. Piha does not plan to have a parking lot on that portion of the property and to landscape it so trucks or buildings would not be visible from Main Street. Councilman Lnenicka made a motion to that the variance request at 4585 South Cobb Drive to reduce the side yard setback from 50 feet to 10 feet be tabled until the March 2, 1998, council meeting. Mr. Lnenicka stated this is at the request of the applicant. Councilman Wood seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (D) Annexation of Property - Land Lot 618, 17' District, 2' Section - Argo Road (1.39 Acres) Mr. Smith stated at the January 20, 1998, meeting the petition was validated to annex the two parcels on Argo Road located in Land Lot 618. Mr. Smith stated these parcels were rezoned at the February 2, 1998, meeting and will be included with the Chastain Glen Development on Argo Road and all legal advertisements have been made. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. There was no opposition. Councilman Wood stated this is part of the Chastain Glen housing development at the East/West Connector and Camp Highland Road and the property is actually on Argo Road and has been acquired by the developers. Mr. Wood stated the developers requested annexation of the property. Councilman Wood made a motion the annexation request be approved for the 1.39 acres on Argo Road in Land Lot 618, 17' District, 2' Section, and become a part of Ward 7 with an effective date of March 1, 1998. Councilman Cramer seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) February 16, 1998, meeting - continued FORMAL BUSINESS: (A) Re -Validate Petition to Annex Property - North Mathews Street and Windy Hill Road (16.82 Acres) - Land Lots 590, 591, 634 and 635, 17' District, 2' Section Mr. Smith stated at the January 20, 1998, meeting a petition was validated to annex seven individual parcels totaling 19.5711 acres at the end of North Mathews Street fronting on Windy Hill Road. Mr. Smith further stated prior to the zoning hearing for Pulte Homes on February 2, 1998, a surveying error was discovered which reduced the size of this property to 16.82 acres. This surveying error invalidated the petition submitted as it changed the metes and bounds description spread into the minutes and advertised by the city and necessitates the revalidation. The legal description is as follows: All that tract or parcel of land lying and being in Land Lots 634, 635, 590 and 591 of the 17' District, 2' Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the westerly side of North Matthews Road, said point being 400 feet northerly from the intersection of Hawthorne Street and North Matthews Road; leaving said right-of-way and proceeding thence South 89 degrees 34 minutes 48 seconds West a distance of 200.00 feet to an iron pin found; proceeding thence North 00 degrees 16 minutes 01 second East a distance of 299.86 feet to an iron pin found; proceeding thence South 89 degrees 34 minutes 40 seconds West a distance of 384.11 feet to a concrete monument found; proceeding thence North 01 degree 29 minutes 15 seconds East a distance of 299.71 feet to a point; proceeding thence North 00 degrees 42 minutes 27 seconds East a distance of 300.00 feet to a point on the southerly right of way line of Windy Hill Road (variable width right of way) proceeding thence along said right of way South 89 degrees 49 minutes 23 seconds East a distance 374.80 feet to a point; continuing thence along said right of way South 88 degrees 00 minutes 29 seconds East a distance of 165.33 feet to a point; continuing thence South 01 degree 29 minutes 55 seconds East a distance of 12.86 feet to a point; proceeding thence South 89 degrees 13 minutes 00 seconds East a distance of 20.50 feet to a point; proceeding thence North 01 degree 43 minutes 33 seconds West a distance of 12.43 feet to a point; proceeding thence South 88 degrees 00 minutes 29 seconds East a distance of 29.35 feet to a point; proceeding thence South 00 degrees 42 minutes 27 seconds West a distance of 4.40 feet to a point; proceeding thence North 89 degrees 42 minutes 39 seconds East a distance of 315.00 feet to a point; proceeding thence North 89 degrees 25 minutes 04 seconds East a distance of 315.00 feet to a point; proceeding thence South 01 degree 38 minutes 40 seconds West a distance of 300.00 feet to a point; proceeding thence South 01 degrees 35 minutes 42 seconds West a distance of 100.00 feet; proceeding thence South 01 degrees 42 minutes 35 seconds West a distance of 100.00 feet to a point; proceeding thence South 89 degrees 25 minutes 14 seconds West a distance of 315.00 feet to a point; proceeding thence South 89 degrees 50 minutes 48 seconds West a distance of 315.00 feet to a point; proceeding thence North 88 degrees 33 minutes 40 seconds West a distance of 9.56 feet to a point on the westerly side of North Matthews Road; proceeding thence along said right of way line South 01 degree 26 minutes 20 seconds West a distance of 384.34 feet to a point; said point being the Point of Beginning. Said parcel contains 16.8209 acres. Councilman Scoggins stated this is the result of a surveying error. Mr. Scoggins made a motion to revalidate the petition to include the corrected legal description (above) for the annexation of 16.8209 acres and advertise for a public hearing on March 16, 1998. Councilman Newcomb seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (B) Adopt Revised Speed Zone Ordinance Mr. Smith stated these were submitted by the City Clerk to the State Department of Transportation. Mr. Smith stated the State has resubmitted the revised speed zone ordinance with a couple of changes - Windy Hill Road from South Cobb Drive to Benson Poole Road was changed from 35 mph to 40 mph and Cumberland Circle and Davenport Street were deleted because they did not meet the required '/a mile length. Councilman Newcomb stated at a recent council meeting the Mayor and Council approved some minor changes to the Speed Zone Ordinance for the City of Smyrna and submitted it to the Georgia Department of Transportation. Mr. Newcomb stated the speed zone on the city's portion of the East/West Connector is still set at 45 mph but the city has begun discussions with the Cobb County Department of Transportation as to whether that is an appropriate speed or whether it should be higher than that. Councilman Newcomb made a motion to adopt the proposed new speed zone ordinance for the City of Smyrna as returned to the February 16, 1998, meeting - continued city from the Georgia Department of Transportation. Councilman Scoggins seconded the motion. Councilman Lnenicka stated he could not support the ordinance as he felt the speed limit on the city's portion of the East/West Connector was not appropriate. Motion was approved 5-1 with Councilman Lnenicka opposed. (Councilwoman Capilouto was absent.) COMMERCIAL BUILDING PERMITS: (A) Building Permit - CCT Bus Shelters Councilman Scoggins stated these building permits are for shelters only at existing CCT bus stops in the City of Smyrna. Councilman Scoggins stated the city has decided to delete the construction of shelters at two existing bus stops within the city - Spring Road and the pedestrian bridge; Windy Hill Road at Wings Pub. Mr. Smith stated the building permits are for the benches at these locations only and the bus stops are not affected. Councilman Hawkins clarified that this issue is for the building of shelters only. Councilman Scoggins stated his motion is to approve the building permits for Cobb County Community Transit to install bus shelters with the omission of the two locations listed above. Councilman Wood seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) BID AWARDS: (A) Bid Award - Utility Services Pick Up Truck Councilman Lnenicka stated this truck is for the Utility Services for meter reader use. Mr. Lnenicka stated Boomershine Pontiac/Buick/GMC is the recommended vendor. He further stated their bid is actually $25.53 more than Bob Davis Pontiac/GMC, which was the low bidder. Mr. Lnenicka stated Bob Davis Pontiac/GMC had an approximate two -month delivery schedule and Boomershine Pontiac/Buick/GMC had a one -week delivery date. Councilman Lnenicka made a motion to award the bid to Boomershine Pontiac/Buick/GMC for $13,892.69. Councilman Hawkins seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (B) Bid Award - Installation of the Foundation of Train Depot Building (Museum) Councilman Hawkins stated the Public Works Committee solicited bids for the installation of the foundation of the Train Depot building. He further stated four bids were mailed with two responses. Councilman Hawkins made a motion that the bid be awarded to Wayco Builders Construction Company for a total price of $45,990. He further stated this is the recommendation of the Public Works Committee. He further stated Wayco Builders is the only bidder who completely quoted on the entire job and are in fact the only bidder meeting specifications. Councilman Cramer seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (C) Bid Award Athletic Field Lighting (Contingent upon a signed contract with the Cobb County School Board for Lattanzi Field) (Campbell Middle School) Councilman Scoggins made a motion that the bid be awarded to Metro Power Systems, Inc., for the athletic field lighting at Lattanzi Field, contingent upon Cobb County signing a contract, for $48,052. Councilman Cramer seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) CONSENT AGENDA: (A) Approval of February 2, 1998, Minutes (B) Approval to Use Council Chambers February 22, 1998 - 6:30 - 9:00 p.m. for Ward 6 Meeting (Cumberland Vail Homeowners Association) (C) Approval of Apartment Complex Name Change - Chateaux DeVille Apartments to Galleria Courtyard (D) Approval to Authorize Mayor to Sign Agreement with Cobb Board of Education - Use of Lattanzi Field (E) Approval to Request bids - Lake Park Drive Intersection Improvement (F) Approval to Request Bids - Utility Services Department - Printing Bills and Envelopes (G) Approval to Request bids - Scat Trak Skid Loader (H) Approval of FY 1999 Employee classification and Pay Schedule (I) Approval to Authorize Mayor to Sign Release and Mutual Agreement between the Downtown Smyrna Development Authority and Thomas Enterprises, Inc. (J) *Authorize the Mayor to Sign Contract with Coro Realty for the Purchase of Cobb Center Property February 16, 1998, meeting - continued Councilman Scoggins made a motion to suspend the rules for the purpose of deleting Item (C) - Apartment Name Change at Chateaux DeVille Apartments - and adding an item* to the Consent. Motion to suspend the rules was seconded by Councilman Cramer. Motion was approved 6-0. (Councilwoman Capilouto was absent.). Councilman Scoggins made a motion to delete Item (C) on the Consent Agenda. Councilman Wood seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) Councilman Scoggins made a motion to add Item (J) Authorize the Mayor to Sign Contract with Coro Realty for the Purchase of Cobb Center Land Outparcel (16 acres more or less). Councilman Cramer seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) Councilman Scoggins made a motion to approve the Consent Agenda. Councilman Cramer seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) SHOW CAUSE HEARINGS: (A) Fina Mart - 2539 Old Concord Road Mayor Bacon asked Captain Brack to come forward. Mr. Smith stated this is the result of a sting operation conducted by the City of Smyrna Police Department. Mr. Smith stated the violations are selling to certain persons prohibited under the age of 21 and issuance of photo permit for employees - not having a permit. Councilman Lnenicka was asked to conduct the show cause hearings. Councilman Lnenicka asked Captain Brack to give the background on this incident. Captain Brack stated on the night of January 8, 1998, at 9:45 p.m. a sting operation was conducted at the Fina Mart - 2539 Old Concord Road. At that time the store clerk, Sajid Sitafalwalla did sell alcoholic beverages to a person under the age of 21. Mr. Sitafalwalla was subsequently charged with violation of the Alcoholic Beverage Ordinance for the City of Smyrna in that he sold alcohol to a person under the age of 21 and also failed to have an alcoholic beverage permit as required by the Ordinance. Captain Brack stated on February 10, 1998, Mr. Sitafalwalla entered a plea of Nolo before the Smyrna Municipal Court and was fined at that time. He further stated the plea constituted a third offense of a Class I violation and also a third offense of a Class II violation. Councilman Lnenicka asked what type identification was used by the underage person who purchased the alcohol. Captain Brack responded the operative presented a copy of a traffic citation and also a photo ID from Kennesaw State University. Councilman Lnenicka asked Mr. Ray Gary, Jr., who was present to represent Fina Mart, to come forward. Mr. Gary stated his client, Rafiq Jivani, became the new owner of the Fina Mart and was not aware of the two previous violations. He further stated the Mr. Jivani kept the same permit holder for the establishment. Mr. Gary stated this is the first incident of this type since the new owner bought the business about a year and a half ago. Mr. Gary stated the license holder is Izzay Roy Denney and is present tonight as well as the new owner. Mr. Gary further stated Mr. Jivani had gone to the city to get an application for an agent change but since this incident occurred has not completed the application. Mr. Gary stated upper management does not condone the actions of the clerk and will take the necessary steps to obtain the license in a new agent's name and they want to stay in the business of selling alcohol. Mr. Gary stated the Mr. Jivani was from New York and did not meet the residency requirements necessary to hold the license when he bought the business. Councilman Lnenicka made a motion to suspend the alcoholic beverage license for Fina Mart at 2539 Old Concord Road as follows: for the third offense of a Class I violation (Section 6-69(a) the license has been suspended for 90 days and placed on 5 years probation effective at midnight, February 16, 1998; for the Class II violation (Section 6-51(a) the license is suspended for 7 days and placed on 5 years probation, effective at midnight, February 16, 1998. He further stated the suspensions and probation periods will run concurrently. Councilman Cramer seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (B) EZ Serve - 902 Windy Hill Road Councilman Lnenicka asked Captain Brack to read the incident report regarding the sting operation at the EZ Serve at 902 Windy Hill Road. Captain Brack stated on the night of January 8, 1998, at 10: 10 p.m. a sting operation was conducted. Captain Brack stated the store clerk, Zion Price, did sell alcoholic beverages to a minor under the age of 21 years and also failed to have a photo permit which is in violation of the city ordinance. Captain Brack further stated on February 10, 1998, Mr. Price entered a plea of guilty in the Smyrna Municipal Court to said violations. Captain Brack stated the plea of guilty constituted February 16, 1998, meeting - continued a second Class I violation and a second Class II violation. Captain Brack indicated the underage person used a copy of a traffic citation and a picture ID from Kennesaw State University as identification. Councilman Lnenicka asked Michelle Davis, attorney representing EZ Serve, to come forward. Ms. Davis stated also present on behalf of EZ Serve were Brad Williams, District Manager, Bob Walburn, licensee and Chris Hampton, Risk Management. Ms. Davis outlined the steps EZ Serve has taken to be sure this type incident does not occur. Specifically, she stated they have an employee manual with a copy of the City of Smyrna Alcoholic Beverage License Ordinance included, an extensive training program, conduct their own internal sting operations with a mystery shopper and have purchased computer equipment to assist the clerks in determining the age of the patron. Ms. Davis also stated the clerk in question was within the 14-day grace period for applying for a photo ID when the incident occurred. Ms. Davis stated the clerk was terminated immediately according to their store policy and procedure and although she pled guilty in Court was technically not in violation of this Section. Ms. Davis apologized for the incident and assured the city EZ Serve does take responsibility and are trying to show the efforts they are taking to prevent this type incident from happening. Councilman Lnenicka made a motion that the alcoholic beverage license for EZ Serve at 902 Windy Hill Road for the violation of Section 6-69(a) be suspended for 30 days effective at midnight February 16, 1998, and placed on 5 years probation. Councilman Wood seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) (C) Mom & Pop's Food Store - 1687 Roswell Street Councilman Lnenicka asked Captain Brack to read the incident report for the sting operation at this location. Captain Brack stated on January 8, 1998, at 9:35 p.m. a sting operation was conducted at which time the store clerk, Mohammed Ilyas Chohan, did sell alcoholic beverages to a minor under the age of 21 and subsequently was charged with that violation. Captain Brack stated on February 10, 1998, Mr. Chohan entered a plea of guilty to that violation. Councilman Lnenicka asked City Attorney Chuck Camp if the city should proceed with the show cause hearing of this violation since there is no representative from the company present since the agent was properly notified of the hearing tonight. Councilman Lnenicka made a motion that the alcoholic beverage license for Mom & Pop's Food Store at 1687 Smyrna Roswell Road be suspended for 60 days and placed on 5 years probation effective at midnight February 16, 1998, for the second violation of Section 6-69(a). Councilman Cramer seconded the motion. Motion was approved 6-0. (Councilwoman Capilouto was absent.) COMMITTEE REPORTS: There were no committee reports. With no further busi ,the meeting adjourned at 10:26 p.m. A. MAX BACON, MAYOR ME INDA DAMERON, CITY CLERK 9 . 0 A�l -a Jta� ' CHARLENE CAPILOU O, WARD 1 RON NEWCOMB, WARD 2 � iuvv ILL SCOGGIN ARD 3