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01032005 January 3, 2005 January 3. 2005 - 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, and representatives of the press. Invocation was given by Pastor Steve Kimmel from Smyrna First Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item #4B (Rezoning Request Z04-027 - R-15 to RAD Conditional- 5.22 Acre Tract -1363 through 1461 Belmont Avenue - Johnson/Willis, LLC ) will be tabled until the January 18, 2005 council meeting. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Extension of the Apartment Moratorium in the City of Smyrna - Mr. Wright stated the City's apartment moratorium is based on the findings ofa 1994 study which revealed that the ratio of owner occupied housing to renter occupied dwellings in Smyrna was nearly even. Mr. Wright stated the study also included a recommendation for an increase in the percentage of owner occupied housing. Mr. Wright stated it is proposed to extend the moratorium for six months to continue the effort to achieve the goal of 60% single family housing and 40% multi-family dwellings in Smyrna. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve extension of the apartment moratorium in the City of Smyrna for an additional six months until the July 5, 2005 council meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - o. (B) Public Hearing - Rezoning Request Z04-027 - R-15 to RAD Conditional- 5.22 Acre Tract -1363 through 1461 Belmont Avenue - Johnson/Willis, LLC Mayor Bacon stated that this agenda item will be tabled until the January 18, 2005 council meeting. MOTION: Council Member Scoggins made a motion to table Rezoning Request Z04-027 from R-15 to RAD Conditional for a 5.22 acre tract at 1363 through 1461 Belmont Avenue for Johnson/Willis, LLC until the January 18, 2005 council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 7 - o. - January 3. 2005 2 PRIVILEGE LICENSE: There were none. - FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: (A) Commercial Building Permit - 18,500 s. f. Multipurpose Modular Classroom Building - Whitefield Academy - One Whitefield Drive MOTION: Council Member Wood made a motion to approve a commercial building permit for a 18,500 s. f. multipurpose modular classroom building for Whitefield Academy at One Whitefield Drive. The motion was seconded by Council Member Smith. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of December 20, 2004 Minutes (B) Award ofBid# IFB-5008 Bids were requested for the replacement of one backhoe. Two vendors were solicited for bids and responded as follows: Metrae, Inc. $81,000 Yancy Brothers $82,855 Public Works and Purchasing have reviewed the bids and recommend bid award the lowest bidder Metrae, Inc. in the amount of $81 ,000. - (C) Award of Bid# IFB-5009 Bids were requested for the replacement of a front end loader. Two vendors were solicited for bids and re,sponded as follows: Metrae, Inc. $174,000 Yancy Brothers $182,405 Public Works and Purchasing have reviewed the bids and recommend bid award the lowest bidder Metrae, Inc. in the amount of $174,000. (D) Approval of Extension of Temporary Reopening of Quarles Avenue On October 4, 2004 the council voted to approve a temporary reopening of Quarles Avenue for a period not to exceed 90 days to help facilitate construction at the Community Bank of the South in that vicinity. The reopening was originally approved with an expiration date of January 5, 2005. Because construction work at the subject location is not expected to be complete by the expiration date, extension of the temporary reopening until April 5, 2005 is proposed subject to all conditions previously stipulated for the initial approval. (E) Ratification of Environmental Indemnification Agreement for Property Located in the Vicinity of Oak dale Road and Nickajack Park Road Donated to the City by The Columns Group, Inc. - January 3. 2005 3 - On December 20, 2004 the council voted to accept donation of property described in section "D" of the consent agenda of the minutes from that date. An Environmental Indemnification Agreement between the recipient and donor of said property has been executed in which the donor stipulates to indemnification of the recipient for any loss or liability which may result from the existence of any hazardous materials predating December 28, 2004 at the subject location. Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member McNabb yielded the floor with no report. Council Member Smith stated there will be a Christmas tree recycling event at the Vinings Home Depot and the Home Depot landscape store on South Cobb Drive. - Council Member Lnenicka stated the Dreammakers Youth Foundation recently held their first annual Celebrity Wheelchair Basketball Jam at Campbell Middle School. Council Member Lnenicka commented favorably on Ms. Wilson and the other persons associated with this worthwhile activity. Council Member Lnenicka commented on the importance of involvement and activism in improving the community. Council Member Wood yielded the floor with no report. Mr. Wright reminded those present that the next council meeting will be held on a Tuesday in order to allow City offices to be closed on January 17 in observance of the Martin Luther King, Jr. Day holiday. Mayor Bacon thanked the members of the Parks and Recreation Department and other City staff for the efforts they made to make last year's Christmas decorations in the downtown area the best ones seen yet. SHOW CAUSE HEARINGS: (A) Alcoholic Beverage Violation - T-Bonz Sports Grill- 3240 South Cobb Drive - Terry W. Tucker, Agent The oath was administered to several persons by Mr. Cochran. - Mr. Wright stated that on December 7, 2004 at approximately 8:20 p.m., Ofc. Defense and a 17 year old undercover informant entered the T-Bonz Sports Grill (TSG) at 3240 South Cobb Drive, and the informant was able to purchase a bottle of beer there at that time. Mr. Wright stated the informant was not asked to present identification by the server. Mr. Wright stated this is the first violation of record for this establishment. January 3, 2005 4 Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on December 7,2004 at approximately 8:20 p.m., members of the Cobb Underage Drinking Task force were conducting compliance checks in the City. Ofc. Maloney stated an underage informant entered the bar area ofTSG, and the informant was able to purchase a bottle of beer. Ofc. Maloney stated that the informant was not required to present identification at the point of sale. Ofc. Maloney stated Lt. Zgonc of the City police department issued a citation to the alleged offender. Mayor Bacon asked Ofc. Maloney if TSG has been the subject of recent complaints of sale of alcoholic beverages to underage persons, and Ofc. Maloney said no. Mr. Cochran asked Mr. Tucker if he wishes to ask Ofc. Maloney any questions, and Mr. Tucker said no. Mr. Tucker stated that a program is in place at TSG for training servers to sell alcoholic beverages in a lawful manner. Mr. Tucker stated that policies and procedures for properly selling alcoholic beverages have been established at TSG, and that all servers are instructed to require suitable identification from persons attempting to purchase alcoholic beverages. Mr. Cochran asked Mr. Tucker if any of the responsible alcoholic beverage sales and service training at TSG is outsourced, and Mr. Tucker said no. Mr. Cochran asked Mr. Tucker if he has attended any responsible alcoholic beverage sales and service classes, and Mr. Tucker said no. Council Member Lnenicka asked Mr. Tucker if he has met with his other servers to discuss this incident, and Mr. Tucker answered in the affirmative. Council Member Lnenicka asked Mr. Tucker ifTSG patrons ever try to use false identification to obtain alcoholic beverages, and Mr. Tucker said yes. Mr. Tucker stated that any questionable identification is confiscated from the bearer in such cases, and the offending customer is asked to leave the establishment. ... MOTION: Council Member Scoggins made a motion to adjourn into executive session. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note: Executive session commenced at 7:55 p.m.) MOTION: Council Member McNabb made a motion to adjourn from executive session and to reconvene the public meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (Clerk's Note: Executive session concluded at 8:05 p.m.) - Council Member McNabb asked Mr. Tucker what the TSG policy is for requesting identification from persons attempting to purchase alcoholic beverages, and Mr. Tucker stated TSG servers are trained to asked anyone who appears to be under the age of 35 to provide proper identification in order to purchase alcoholic beverages. MOTION: Council Member McNabb made a motion to approve a disposition for the alcoholic beverage violation at T-Bonz Sports Grill at 3240 South Cobb Drive, Terry W. Tucker, Agent to include a twelve-month probation, a requirement for the agent to complete the responsible alcoholic beverage sales and service class as presented by Evindi, Inc. within 60 days, and an additional requirement for all servers at the subject establishment to require suitable identification from all persons attempting to purchase alcoholic beverages during the probation period. Council Member Newcomb advised Mr. Tucker that any subsequent incidents at the subject establishment involving the sale of alcoholic beverages to underage persons will be taken seriously by the City's officials, and admonished Mr. Tucker to be mindful ofthat fact. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (B) Alcoholic Beverage Violation - Carniceria Guerrero - 1022 Windy Hill Road - Julian Pineda, Agent The oath was administered to at least two persons by Mr. Cochran. ... January 3. 2005 5 - Mr. Wright stated that on December 7, 2004 at approximately 6: 15 p.m., Ofc. Defense and an underage informant entered the subject establishment and the informant was able to purchase a bottle of beer there. Mr. Wright stated the informant was not asked to present identification at the point of sale. Mr. Wright stated this is the first violation of record for this location. Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on December 7,2004 at approximately 6: 15 p.m., Ofc. Defense and an underage informant entered the subject establishment and the informant was able to purchase a bottle of beer there. Ofc. Maloney stated the informant was not asked to present identification at the point of sale. Mayor Bacon asked Ofc. Maloney ifCarniceria Guerrero (CG) has been the subject of recent complaints of sales of alcoholic beverages to underage persons, and Ofc. Maloney said no. Mr. Cochran asked Mr. Pineda if he wishes to ask Ofc. Maloney any questions, and Mr. Pineda said no. Mr. Pineda stated that additional signs have been posted at CG, and that the cashiers have been reminded about CG's policy of requiring identification from all persons attempting to purchase alcoholic beverages. Council Member Lnenicka asked Mr. Pineda if CG patrons ever try to use false identification to obtain alcoholic beverages, and Mr. Pineda said CG has many customers who have no identification. Mr. Pineda stated that customers with no identification are turned away. MOTION: Council Member Scoggins made a motion to adjourn into executive session. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note: Executive session commenced at 8:16 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 Wood. Motion was approved 7 - O. (Clerk's Note: Executive session concluded at 8:20 p.m.) - MOTION: Council Member Scoggins made a motion approve a disposition for the alcoholic beverage violation at Carniceria Guerrero at 1022 Windy Hill Road for Julian Pineda, Agent to include imposition of a one-year probation, a requirement for the agent to complete the responsible alcoholic beverage sales and service class as presented by Evindi, Inc. within 60 days, and an additional requirement for all servers at the subject establishment to require suitable identification from all persons attempting to purchase alcoholic beverages during the period of probation. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (C) Alcoholic Beverage Violation - Eckerd Drugs - 3821 South Cobb Drive - John J. Strother, Agent The oath was administered to at least two persons by Mr. Cochran. Mr. Wright stated that on December 7, 2004 at approximately 7:50 p.m., Ofc. Turner and an underage informant entered Eckerd Drugs at 3821 South Cobb Drive and the informant was able to purchase a can of beer there. Mr. Wright stated the informant was asked to present identification at the point of sale, but the attending cashier sold the beer to the informant after examining the informant's valid Georgia drivers license. Mr. Wright stated this is the second violation of record for this location. Mr. Wright stated a penalty of three days suspension and five years probation was imposed on this licensee on June 17,2002. - Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on December 7,2004 at approximately 7:50 p.m., an underage informant entered Eckerd Drugs at 3821 South Cobb Drive. Ofc. Maloney stated the informant was asked to present identification when purchasing beer, but the attending cashier sold the beer to the informant after examining the informant's valid January 3. 2005 6 Georgia drivers license. Ofc. Maloney stated the offending cashier did not have a permit for selling alcoholic beverages. Mayor Bacon asked Ofc. Maloney if Eckerd Drugs (ED) has been the subject of recent complaints of sales of alcoholic beverages to underage persons, and Ofc. Maloney said no. Mr. Cochran asked Mr. Strother ifhe wishes to ask Ofc. Maloney any questions, and Mr. Strother said no. Mr. Strother stated it is his understanding that the offending cashier had undergone ED's alcoholic beverage sales training course. Mayor Bacon asked Mr. Strother how often he is present at the subject location, and Mr. Strother stated he is almost never there. Council Member Lnenicka stated that, inasmuch as Mr. Strother is seldom present at the subject location, the privilege license for alcoholic beverage sales for that business should be transferred to a member of the ED management staff who will be there on a regular basis. Council Member McNabb asked Mr. Strother how long it has been since he worked at the subject location, and Mr. Strother stated it has been seven years. Council Member Wood asked if it is correct that the current manager of ED is in the process of applying to be agent for the privilege license there, and Mr. Strother said yes. - MOTION: Council Member Scoggins made a motion to adjourn into executive session. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (Clerk's Note: Executive session commenced at 8:30 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 concluded at 8:40 p.m.) Council Member McNabb asked Mr. Strother to deliver the conditions of the disposition for this alcoholic beverage violation to Eckerd Drugs. MOTION: Council Member McNabb made a motion to approve a disposition for the alcoholic beverage violation at Eckerd Drugs at 3821 South Cobb Drive for John J. Strother, Agent to include a five day suspension of the alcoholic beverage sales license of Eckerd Drugs beginning at midnight on the present date, a requirement for the current manager of the store to apply to be the alcoholic beverage license agent by the end of this week, a requirement for the new agent to complete the responsible alcoholic beverage sales and service class as presented by Evindi, Inc. within 60 days, a continuation of the license probation for the subject location through June 17, 2007 and an additional requirement for all servers at the subject establishment to require suitable identification from all persons attempting to purchase alcoholic beverages during the period of probation. The motion was seconded by Council Member Newcomb. Motion was approved 7 -0. - CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 8:43 p.m. - January 3, 2005 7 - ~~R;l~ A. MAX BACON, MAYOR '~I 1/ .I 1/ ELLE~Y ~ ( ~N j~_~ RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 - ~ Ib uJ~ CHARLES PETE WOOD, WARD 7 - 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 3rd day of January, 2005. (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 3rd of January, 2005 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. S50-14-4(b) that such an affidavit be executed. - This 3rd day of January, 2005. This 3rd day of January, 2005. Mayor/Presiding Officer ""UIIII"'t "",-\\\ SA.N D"""~ " r_ \) ............. . L. ,_ " --;.J..- "''';OT .....r.. ........ ! ....... .' ~}:o\ ~ : G /2Jrp/f1 \ :..\ :: ~ i 'l!:O <3"s 1-\ ~ -' RG~r A 1 - :: at D/2C -<<'! ~ :: 0".0 -9,<o~ : :;- ~ <?..... l j [), >d(/'~_v.~-.,',' ~"''''' ($} ... ........... . ~ "" -.-. . """';/1/ 0 - \ \...", III Sworn to and subscribed before me - Re: T-Bonz Sports 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 3rd day of January, 2005. (2) That it is my understanding that a.c.G.A. g50-14-4(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 3rd of January, 2005 which was closed for the purpose( s) of discussion of legal matters as allowed by a.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 a.c.G.A. g50-14-4(b) that such an affidavit be executed. - This 3rd day of January, 2005. Sworn to and subscribed before me This 3rd day of January, 2005. - Re: Carniceria Guerrero 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 3rd day of January, 2005. (2) That it is my understanding that a.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 3rd of January, 2005 which was closed for the purpose(s) of discussion oflegal matte~ as allowed by a.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 a.c.G.A. S50-14-4(b) that such an affidavit be executed. - This 3rd day of January, 2005. ~~~ Mayor/Presiding afficer \,..\\11111"11// ,,-,,,o'c ~N D II~,.,,~ Sworn to and subscribed before me !......c;,~:;~~;yr;;j~oA ;:: '-'Xi'IRE:S \ ...-\ -:: This 3rd day of January, 2005~ f GEORar J ~ ; ,.,\ 02c. 9. 20 ....1 / . l ~ ~"'~'.o ' ~ ~ O;..,~. 0'11Ll f f) ~; V{i....._... / /l "" /I/J ;"" CO ~//.' 11//111/11111\\\\\ - Re: Eckerd Drugs #410