11152004 November 15, 2004 Council Meeting
November 15, 2004
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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. Also present were City Administrator Wayne Wright, City Clerk
Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Finance Director Claudia
Edgar, Public Works Director Scott Stokes, Deputy Chief Mike Brown, Library Director Michael
Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk,
Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community
Development Director Chris Miller, Community Relations Director Jennifer Bennett and
representatives of the press.
Invocation was given by Reverend Bob Milburn from Church of the Nazarene, followed by the
pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that agenda item # I 0 C (Show Cause Hearing - Failure to Comply with
Terms of Disposition - Five Points Convenience Store - 1649 Roswell Street - Y ousaf Shaikh,
Agent) will be deferred for administrative disposition.
MAYOR'S REPORT:
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Mayor Bacon recognized Ms. Linda Evans, President of the Smyrna Friends of the Library, and
Ms. Evans provided details to those present concerning an upcoming fundraising event in
conjunction with Barnes and Noble bookstore for the benefit of the City Library. Ms. Evans
recognized Ms. Susan Johnston,and Ms. Johnston provided details to those present concerning an
upcoming appearance at the City Library by the author of a book on WWIL
Mr. Wright stated the Cobb County Chamber of Commerce annually recognizes a firefighter and
police officer of the year. Mr. Wright recognized Deputy Chief Brown, and Deputy Chief Brown
announced that the Ofc. Darrell Nesbit ofthe City police department has been recognized as
Officer of the Year. Deputy Chief Brown commented favorably on Ofc. Nesbit's qualifications
and motivation, and read the letter submitted for the nomination of Ofc. Nesbit to those present.
Mayor Bacon recognized Mr. Corey and Chief Lanyon, and Chief Layon announced that Lt.
Steve Westbrook has been recognized as Employee of the Month. Chief Lanyon provided details
of a recent EMS case In which Lt. Westbrook provided valuable assistance. Mr. Corey presented
the Employee of the Month Award to Lt. Westbrook. Mayor Bacon commended Ofc. Nesbit, Lt.
Westbrook and the many other dedicated employees of the City for their efforts.
Mayor Bacon stated that agenda item #4 D (Public Hearing - Rezoning Request Z04-025 - R-15
to RAD Conditional- Anderson Circle, Elizabeth Street and Spring Street - Hatcher Homes) will
be tabled until the December 6, 2004 meeting.
LAND ISSUES/ZONINGS/ ANNEXATIONS:
(A) Public Hearing -Variance Request V04-039 - Reduction in Rear Yard Setback - 3470
Lake Drive - Need -A-Fence, Inc.
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November 15,2004
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Mr. Wright stated that the applicant wishes to replace an existing storage shed with a larger metal
storage building. Mr. Wright stated that the applicant owns the subject site and the adjoining
property at 818 Cindy Lane. Mr. Wright stated that the new storage building will be located over
30' from the building on the adjoining property. Mr. Wright stated the applicant has requested a
variance to reduce the rear yard setback from 30' to 5.' Mr. Wright stated staff recommends
approval ofthe proposed variance.
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Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member McNabb recognized Mr. Victor Palmrose, and Council Member McNabb asked
Mr. Palmrose if it is correct that Mr. Palmrose owns the adjacent property which would be
affected by the proposed variance, and Mr. Palmrose answered in the affirmative.
MOTION: Council Member McNabb made a motion to approve Variance Request V04-039 for a
reduction in rear yard setback at 3470 Lake Drive for Need -A-Fence, Inc. The motion was
seconded by Council Member Scoggins. Motion was approved 7 - O.
(B) Public Hearing - Variance Request V04-041 - Reduction in Minimum Lot Size - Church
Street - J. D. Cunningham, Inc.
Mr. Wright stated the applicant has requested a variance to subdivide a 0.568-acre property into
two 12,388 square foot (s.f.) lots for single-family residential development in an R-15 zone. Mr.
Wright stated the minimum lot size in for an R-15 zoned area is 15,000 s.f. Mr. Wright stated
staff does not recommend approval of the proposed variance.
Mayor Bacon stated this is a public hearing and asked for public comment concerning both
variance requests at the subject location, and the oath was administered to several persons by Mr.
Cochran.
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Council Member Scoggins recognized Mr. Cunningham, and asked Mr. Cunningham to provide
details to those present concerning his plans for the subject property. Mr. Cunningham described
the dimensions proposed for the two lots and compared them to those of other nearby
developments. Mr. Cunningham stated the two proposed structures would comprise some 2,500
s.f. each, and would sell for approximately $400,000 apiece. Council Member McNabb asked
Mr. Miller why staff is not recommending approval of the variance in this instance. Mr. Miller
stated that the other developments Mr. Cunningham discussed were rezoned. Mr. MilIer stated it
would be more appropriate to request a rezoning instead of a variance under these particular
circumstances. Mr. Miller recommended that the subject property be processed for rezoning and
brought back before the council at a subsequent meeting. Mayor Bacon asked Mr. Miller if the
applicant can apply the fees paid for the variance application towards the rezoning application,
and Mr. MilIer answered in the affirmative. Council Member Smith asked Mr. Cunningham if
has had a site study conducted at the subject location to evaluate site distance safety
considerations, and Mr. Cunningham stated he believes this type of concern was taken into
consideration when the present infrastructure was built. Council Member Smith asked Mr.
Cunningham if he would object to building one street entrance for both structures, and Mr.
Cunningham said no.
Mayor Bacon recognized Mr. Thetford (phonetic), and Mr. Thetford asked if the two planned
houses wiII be located side by side. Mr. Cunningham answered in the affirmative. Mr. Thetford
stated he is opposed to the variance. Mayor Bacon asked Mr. Thetford if anyone in his household
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November 15,2004
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or any visitors to his residence have experienced traffic safety problems in the subject area, and
Mr. Thetford said no.
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Council Member Wood asked Mr. Miller what zoning category would be appropriate for the
proposed construction, and Mr. Miller stated he would recommend R-12 zoning with standards
similar to R-15 except for minimum lot size. Council Member Wood asked Mr. Miller if
construction of the two dwellings would result in medium density for the subject tract, and Mr.
Miller answered in the affirmative. Council Member Lnenicka asked Mr. Cunningham to take
steps to make certain there are no traffic safety issues at the subject location.
MOTION: Council Member Scoggins made a motion to table Variance Request V04-041 for a
reduction in minimum lot size on Church Street for J. D. Cunningham, Inc. until the December 6,
2004 meeting. The motion was seconded by Council Member Pritchett. Motion was approved
7 -0.
(C) Public Hearing - Variance Request V04-042 - Reduction In Minimum Lot Width -
Church Street - J. D. Cunningham, Inc.
MOTION: Council Member Scoggins made a motion to table Variance Request V04-042 for a
reduction in minimum lot width on Church Street for J. D. Cunningham, Inc. until the December
6, 2004 meeting. The motion was seconded by Council Member Pritchett. Motion was approved
7 -0.
(D) Public Hearing - Rezoning Request Z04-025 - R-15 to RAD Conditional- Anderson
Circle, Elizabeth Street and Spring Street - Hatcher Homes
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Mayor Bacon asked if there is anyone present at the meeting in reference to this agenda item,
and there was no response.
MOTION: Council Member Scoggins made a motion to table Rezoning Request Z04-025 from
R-15 to RAD Conditional at Anderson Circle, Elizabeth Street and Spring Street for Hatcher
Homes until the December 6, 2004 meeting. The motion was seconded by Council Member
Pritchett. Motion was approved 7 - O.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Appointment of Member to the Parks and Recreation Commission - Mayor's Appointee
Mayor Bacon stated he would like to reappoint Mr. Wayne White to the Parks and Recreation
Commission, and provided details to those present concerning Mr. White's background.
MOTION: Council Member Lnenicka made a motion to approve reappointment of Wayne White
as the Mayor's appointee to the Parks and Recreation Commission. The motion was seconded by
Council Member Scoggins. Motion was approved 7 - O.
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November 15.2004
4
(B) Appointment of Member to the Planning and Zoning Board - Ward 7
Council Member Wood commented favorably on Mr. Earl Rice's service on the Planning and
Zoning Board (PZB), and nominated Mr. Rice for reappointment to the PZB for another two-year
term.
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MOTION: Council Member Wood made a motion to approve reappointment of Earl Rice
as the Ward 7 representative to the Planning and Zoning Board. The motion was seconded by
Council Member Smith. Motion was approved 7 - O.
(C) Appointment of Member to the Planning and Zoning Board - Ward 4
Council Member McNabb commented favorably on Mr. Mike Graham's service on the PZB, and
nominated Mr. Graham for reappointment to the PZB for another term.
MOTION: Council Member McNabb made a motion to approve reappointment of Mike Graham
to the Planning and Zoning Board as the Ward 4 representative. The motion was seconded by
Council Member Smith. Motion was approved 7 - O.
(D) Appointment of Member to the Planning and Zoning Board - Ward I
Council Member Pritchett commented favorably on Ms. Marcia Curtis' service on the PZB, and
nominated Ms. Curtis for reappointment to the PZB through December 31, 2006.
MOTION: Council Member Pritchett made a motion to approve reappointment of Marcia Curtis
to the Planning and Zoning Board. The motion was seconded by Council Member Newcomb.
Motion was approved 7 - O.
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(E) Approval of Alcoholic Beverage License Fees
Mr. Wright stated that the fees charged by the City to purveyors of alcoholic beverages are
significantly lower than those charged by neighboring jurisdictions. Mr. Wright stated that there
has been no change in the City's alcoholic beverage license fees since 1993.
Council Member Wood stated that the regulatory costs associated with alcoholic beverage
licensing have necessitated the proposed increases in license fees. Council Member Wood stated
the proposed fees will be phased in over a period of two years.
MOTION: Council Member Wood made a motion to approve the new fee schedule for alcoholic
beverage licenses in the City of Smyrna. (Clerk's Note: A list of pertinent rates as furnished in
the agenda materials dated November 11, 2004 is attached as Exhibit A) The motion was
seconded by Council Member Smith. Council Member Scoggins stated the proposed fees are not
higher than those of any other municipality in Cobb County. Council Member Lnenicka
recapitulated the various elements involved in the administration ofthe City's alcoholic beverage
licensing program, and pointed out that there are costs associated with them which must be offset.
Council Member Lnenicka stated the increases are being phased in to help lessen the impact of
the higher costs on pertinent businesses in Smyrna. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
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November 15. 2004
5
CONSENT AGENDA:
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(A)
Approval of November 1,2004 Minutes
(B) Approval of Bid Award 5-005
Public Works requested bids for the replacement and upgrade of storm sewer piping in
the area of Lee Street and Daniell Drive Four vendors were solicited for bids with two
vendors submitting the following:
D & H Construction $ 342,895.00
K. M. Davis Construction $ 295,000.00
Public Works staff and purchasing have reviewed the bids and recommend bid award to
the lowest bidder K. M. Davis Construction for $295,000.00.
(C) Approval of Bid Award 5-006
Public Works requested bids for storm sewer replacement on Ward Street just below the
rear entrance to the Smyrna Post Office.
Four vendors were solicited for bids with two vendors submitting the following:
D & H Construction $ 222,000.00
K. M. Davis $ 150,000.00
Public works staff and purchasing have reviewed the bids and recommend bid award to
the lowest bidder K. M. Davis Construction for $150,000.00.
(D)
Approval of Bid Award 5-007
Bids were solicited for sewer main replacement on Pinehurst Circle and King Springs
Road. Due to increased growth in this area and the percent grade of the existing sewer
main we found it necessary to lay new sewer pipe to increase the % grade of the system
flow.
Four venders were solicited for bids with three vendors submitting the following:
Wade Coots $ 435,185.00
D & H Construction $ 366,303.00
K. M. Davis $ 276,105.50
Public Works staff and Purchasing have reviewed the bids and recommend bid award to
the lowest bidder K. M. Davis for $ 276,105.50.
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(E) Approval of Modification of Dates of Suspension of Privilege License for Package Sales
of Beer, Wine and Liquor - Leroy's Liquor - 2230 South Cobb Drive - Geralyn Bums,
Agent
On July 26, 2004 the council approved a 90-day suspension for Leroy's Liquor with 30
consecutive days beginning July 28, 2004 through and including August 26, 2004. It was
stipulated at the time of the penalty phase that the remaining 60 days should be served
with the establishment being closed each Monday, Tuesday and Wednesday for 20
consecutive weeks beginning the week of August 30, 2004 and ending on January 12,
2005.
The management of the subject establishment has requested permissIon to be open
December 20-22 and December 27-29 in exchange for six additional closed days after
January 12, 2005, i.e., January 17-19, 2005 and January 24-26, 2005. The management
has cited a number of hardships as a basis for the request.
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November 15.2004
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(F)
Approval of Lease Agreement of Fire Station Space
Metro Ambulance has submitted a proposal to lease two rooms (bunk room and day
room) at Smyrna Fire Station 4. The proposed lease calls for a term of one year with a 30
day cancellation period. The monthly rate to be paid to the City for this space is $500.
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(G) Amendments to the Stormwater Management Ordinance
Move provisions regarding stormwater fees to the "Stormwater Management" section
(Article 5 of Chapter 46) of the Smyrna Code of Ordinances. These provisions, adopted
at the City Council meeting of June 21, 2004 and included in the FY05 Budget, should be
moved to be included in the codified book of ordinances.
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Pritchett. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present regarding the sanitation service schedule during the upcoming holiday as well as other
Public Works Department activities.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details concerning the
Recycling Center schedule during the upcoming holiday. Ms. Kirk provided details concerning
the availability of jonquil bulbs to those present. Ms. Kirk stated the Salvation Army has
removed its trailer from the Recycling Center area because of staffing costs and recent restrictions
on its donation collection activities at various locations. Ms. Kirk provided information to those
present regarding organizations which will accept donated items. Ms. Kirk provided information
to those present concerning upcoming KSB activities.
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Council Member Newcomb recognized Mr. Miller, and Mr. Miller stated there will be a PZB and
overlay district meeting on November 29. Mr. Miller provided current building permit statistics
to those present.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present
concerning court services operations.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details of current
library use statistics to those present. Mr. Seigler provided details of upcoming library programs
and events to those present. Mr. Seigler stated the Friends of the Library book sale at the Jonquil
Festival was very successful, and thanked the volunteers for their efforts.
Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details regarding
donation locations for MUST Ministries during the holidays. Mr. Ciaccio provided details to
those present regarding upcoming Parks and Recreation Department activities and events.
Council Member McNabb provided details to those present regarding the upcoming Emory
Adventist Hospital holiday home tour.
Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present
regarding positions for which the City is presently recruiting. Mr. Corey provided details to those
present concerning the upcoming employees Thanksgiving luncheon. Mr. Corey stated that
former City Library employee Margaret Holt passed away recently.
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November 15.2004
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Council Member Lnenicka commented favorably on Emory Adventist Hospital and the upcoming
holiday home tour. Council Member Lnenicka commended Mr. Jack Millet and Ms. Bobbie
Ogletree for the awards they received this year for achievement in governmental purchasing.
Council Member Lnenicka commended Ms. Bonnie McNabb for receiving recognition as buyer
of the year by the Governmental Purchasing Association of Georgia.
Council Member Lnenicka recognized Fire Chief Lanyon, who had no report.
Council Member Lnenicka recognized Deputy Chief Brown, and Deputy Chief Brown reported
that the staffing complement of the City police department is now nearly complete. Deputy Chief
Brown stated that the City is able to attract experienced personnel who need only basic
orientation before they begin to function effectively in the department. Deputy Chief Brown
congratulated Ofc. William Peace on being promoted to the rank of sergeant.
Council Member Lnenicka stated he will be posting a newsletter on his website soon.
Council Member Wood recognized Ms. Edgar, who had no report.
SHOW CAUSE HEARINGS:
(A) Show Cause Hearing - Alcoholic Beverage Violation - Carrabba's Italian Grill- 2999
Cumberland Circle - Robert Bardes-Lambert, Agent
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Mr. Wright stated that on October 11,2004 at approximately 8:30 p.m., Ofc. Defense and a 16
year old undercover informant entered Carrabba's, and the informant was able to purchase an
alcoholic beverage there. Mr. Wright stated the server did not request identification from the
informant, nor did he have a photo permit to sell alcoholic beverages.
The oath was administered to several persons by Mr. Cochran.
Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on October 11,2004 at
approximately 8:30 p.m., Ofc. Defense and a 16 year old undercover informant entered
Carrabba's. Ofc. Maloney stated that Ofc. Defense and the informant entered the bar area and the
informant was served an alcoholic beverage by Dewayne Nicklaus Johnson, a server on duty.
Ofc. Maloney stated the server was taken into custody and transported to the City police station to
post bond. Mayor Bacon asked Ofc. Maloney if Carrabba's Italian Grill (CG) had been the
subject of complaints of sales of alcoholic beverages to underage persons, and Ofc. Maloney said
no.
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Mr. Cochran recognized Mr. Bardes-Lambert, and Mr. Bardes-Lambert stated CG has been
operating for several years and that this is the first time a mishap of this type has occurred there.
Mr. Bardes-Lambert provided details to those present regarding the training that is provided to all
CG staff members who wi II be involved in the sale of alcoholic beverages. Mr. Bardes-Lambert
stated that all CG servers sign a statement acknowledging that they will not sell alcoholic
beverages to underage persons, disorderly persons or other staff members. Mr. Bardes-Lambert
stated that CG has engaged the services of a Florida-based organization called the Beverage Law
Institute to assist with responsible alcoholic beverage sales and service training. Mr. Bardes-
Lambert stated that all CG staff involved in the sale of alcoholic beverages will be required to
obtain certification on an ongoing basis. Council Member Pritchett asked Mr. Bardes-Lambert
why the offending server did not have a photo permit to sell alcoholic beverages. Mr. Bardes-
Lambert stated he believes the server in question previously worked for Applebee's, and that he
November 15.2004
8
thought this individual was going to obtain necessary updates for his permit. At Council Member
Pritchett's request, Mr. Bardes-Lambert provided details to those present regarding the process
involved in obtaining appropriate City permits for serving staff. Council Member Pritchett asked
Mr. Bardes-Lambert how long the server in question has been employed at CG, and Mr. Bardes-
Lambert said eight months. At Council Member Pritchett's request, Mr. Bardes-Lambert
provided a sample copy of the CG servers training manual for examination by the present
officials. Council Member Lnenicka expressed concern at the fact that the server in question had
been at CG for eight months and did not have a serving permit. Mr. Bardes-Lambert stated the
CG management is now maintaining the permits on file at the establishment. Mayor Bacon asked
Ofc. Maloney what the proper procedure is for using individual servers permits, and Ofc.
Maloney said they should be displayed on the person of the individual license holder. Council
Member Pritchett stated she believes it is a good idea to require servers to sign a form every time
they are on duty indicating acknowledgement that they have been properly trained to sell
alcoholic beverages in a lawful manner, and that they are conversant with all the applicable
regulations. Mr. Bardes-Lambert stated the offending server was terminated. Council Member
Newcomb asked Ofc. Maloney how many times CG has been checked previously for compliance
with alcoholic beverage sales regulations, and Ofc. Maloney stated there have been no previous
checks there.
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MOTION: Council Member Pritchett made a motion to adjourn into executive session. The
motion was seconded by Council Member McNabb. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 9: 15 p.m.)
MOTION: Council Member Newcomb made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Lnenicka. Motion
was approved 7 - O. (Clerk's Note: Executive session ended at 9:21 p.m.)
.....
MOTION: Council Member Pritchett made a motion to place the alcoholic beverage sales license
for Carrabba's Italian Grill on probation for one year. Council Member Pritchett stated that, as a
further condition of the disposition for this violation, the agent and management are required to
implement the responsible alcoholic beverage sales and service training as presented by the
Beverage Law Institute to certify all servers at the establishment. The motion was seconded by
Council Member Newcomb. Motion was approved 7 - O.
(B) Show Cause Hearing - Alcoholic Beverage Violation - Roasters Restaurant - 2997
Cumberland Circle - Steven D. Leslie, Agent
Mr. Wright stated that on October I 1,2004 at approximately 8:55 p.m., a 16 year old undercover
informant entered Roasters Restaurant, and the informant was able to purchase an alcoholic
beverage there. Mr. Wright stated the server requested identification from the informant at the
point of sale, and the informant presented appropriate identification indicating the informant is
under 21 years of age.
Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on October 11,2004 at
approximately 8:55 p.m., a 16 year old undercover informant entered Roasters Restaurant and
entered the bar area. Ofc. Maloney stated that Sean Clark, a server on duty, asked the informant
for identification, which the informant presented. Ofc. Maloney stated the server then sold an
alcoholic beverage to the informant. Ofc. Maloney stated the server was then transported to the
City police station to post bond. Mayor Bacon asked Ofc. Maloney if Roasters Restaurant (RR)
had been the subject of complaints of sales of alcoholic beverages to underage persons, and Ofc.
Maloney said no. Mr. Leslie stated the offending server later said he made a mistake when he
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November 15, 2004
9
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read the informant's identification. Council Member Wood asked what action was taken against
the server in question. Mr. Leslie stated the offending server will visit the other four RR stores in
the area to discuss his experience to raise awareness among RR personnel of the consequences of
violating the laws governing alcoholic beverage sales. Mr. Leslie state the server in question has
been employed at RR for a long period of time. Council Member Wood asked Mr. Leslie ifhe
has had any previous violations at any of his other stores, and Mr. Leslie said no. Council
Member Wood asked Mr. Leslie how long he has been operating the various RR stores, and Mr.
Leslie said 15 years. Mayor Bacon asked Mr. Leslie if he believes that adequate measures are in
place at RR to train serving personnel to dispense alcoholic beverages in a lawful manner. Mr.
Leslie stated that policies and procedures have been established, and that some training for proper
alcoholic beverage sales is conducted at RR. Mr. Leslie stated that the policies and procedures
for RR staff are currently under review for possible revision. Mayor Bacon asked Ofc. Maloney
if it was determined whether or not the offending server in this case had a permit for selling
alcoholic beverages, and Ofc. Maloney stated that the server did have a proper pernlit.
MOTION: Council Member Pritchett made a motion to adjourn into executive session. The
motion was seconded by Council Member McNabb. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 9:35 p.m.)
MOTION: Council Member Scoggins made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member McNabb. Motion
was approved 7 - O. (Clerk's Note: Executive session ended at 9:40 p.m.)
Council Member Pritchett asked Mr. Leslie ifhe would be agreeable to attending a responsible
alcoholic beverage sales and service program as presented by Evindi, Inc., and Mr. Lerslie
answered in the affirmative.
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MOTION: Council Member Pritchett made a motion to place the alcoholic beverage sales license
for Roasters Restaurant on probation for one year. Council Member Pritchett stated that, as a
further condition of the disposition for this violation, the agent is required to satisfactorily
complete a responsible alcoholic beverage sales and service program as presented by Evindi, Inc.
within 90 days. The motion was seconded by Council Member Wood. Motion was approved
7 -0.
Mayor Bacon stated that agenda item item # 10 C (Show Cause Hearing - Failure to Comply with
Terms of Disposition - Five Points Convenience Store - 1649 Roswell Street - Y ousaf Shaikh,
Agent) will be deferred for administrative disposition.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:40 p.m.
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November 15.2004
/~
A. MAX BACON, MAYOR
~/~~
CHARLES PETE WOOD, WARD 7 ~
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~US N D. HIOTT, CITY CLERK
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(l) I was the presiding officer of a meeting of the Mayor and Council held on the 15th
day of November, 2004.
(2) That it is my understanding that O.C.G.A. 950-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter ofthe closed meeting or closed portion of the meeting held on
the 15th of November, 2004, which was closed for the purpose(s) of discussion oflegal
matters as allowed by O.c.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.c.G.A. 950-14-4(b) that such an affidavit be executed.
--
This 15th
day of November, 2004.
f~~
Mayor/Presiding Officer
Sworn to and subscribed before me
This 15th day of November, 2004.
i!y1
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Notary Public
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My Commission Expires orP01 "]" L 1- u > g
Agenda Item 10 A/Carrabba's Italian Grill
AFFIDA VIT
-
Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 15th
day of November, 2004.
(2) That it is my understanding that O.C.G.A. S50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 15th of November, 2004, which was closed for the purpose(s) of discussion of legal
matters as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. S50-14-4(b) that such an affidavit be executed.
-
This
15th
day of November, 2004.
/~~
Mayor/Presiding Officer
Sworn to and subscribed before me
This 15th day of November, 2004.
U(L ~- Gt-~
Notary Public
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Agenda Item 1 0 B/Roasters Restaurant