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September 5, 2000 Coucil Meeting (2) ,-.bp . .,. , .\It.",. ~~~ ~~. ~.- --.... ~*~ ~...~ .Il'~~l" ''''''".'''''' 11 August, 2000 Joe Cordell Real Estate Project Manager 2550 Northwinds Parkway Suite 460 A/pharetta, Georgia 30004 .. Robin Broyles Wade Lnenicka Howard Smith Jim Hawkins 2800 King Street Smyrna, Georgia 30081 Main Tel. No. (678) 339-3831 Fax. No. (678) 339-3861 Subject: Property Redevelopment Amoco # 6307 3005 S. Atlanta Road & Concorde Smyrna, Georgia Gentlemen: Jonathan Bellew, Tom Wilder, and myself enjoyed meeting with you on 9 August, 2000 to discuss our proposed redevelopment of the subject gasoline retail facility. We appreciate each of you taking the time from your busy schedules to share with us your thoughts and concerns regarding the City of Smyrna's initiatives to improve the city's image and quality of life. To summarise our current position, BP Amoco is proposing to raze and rebuild to subject facility. We have secured through purchase contract the opportunity to purchase the adjoining property located at 1338 Concord Road. This property wiII be assembled with our current fee property located at 3002 Atlanta Road. It is our intention to construct a new gasoline retail convenience center on the assembled properties. Conceptually, we proposed to construct a facility similar to the renderings that we shared with you during our meeting. -- During Our open discussions, several issues were raised concerning various aspects of this development and conflicts with current zoning ordinances. In preparation for the 14 August 2000, Planning & Zoning Hearing, fOllowing is a list of these issues and recommendations for resolution: · Landscaping BP Amoco proposes preservation of as many matured hardwood trees, as feasibly possible, located on the property located at 1338 Concorde Road. It was agreed that we would work with Robin Broyles and the city's arborist, to identify and preserve these trees. In addition, a landscape plan for the property frontage and buffer areas will be prepared and submitted for review by the Community Development Department. · Exterior Lighting BP proposes to work with Georgia Power Company to purchase architectural light fixtures to compliment the current sidewalk/street ligqting located at this intersection. In addition, a lighting plan will be provided to indiCate the number of fixtures and the intensity of the exterior lighting to be used . at. tnis new facility. r I \ I '\ ! \ I I I I \ ~ · Curb Cut Pavers BP proposes to install pavers at each vehicle ingress/egress access point. The pavers will be constructed of concrete and stamped to simulate the appearance of brick. · Exterior Finish BP proposes to construct a retail convenience center using brick as an e:h.1:erior finish. The brick will be similar in character and color to that of the pharmacy and bank located at this intersection. Due to the structural and technical aspects of the new canopy columns, no brick will be applied to these columns. · Street Identification Sign BP proposes, in accordance with the city's sign ordinance, to install a pylon sign 8.0 feet in height with 32.0 square feet of copy. A sign base with brick finish will be incorporated into the design of this sign. · Roof Elevation BP is agreeable to modifying the roof line of the retail convenience center. However, at this time we have no recommendations for this modification. We have requested our internal engineering staff to evaluate the feasibility of incorporating some type of mansard roof. Resolution to this issue will be a condition of final site plan approval. BP Amoco's proposed development is an exciting and new offer to the gasoline convenience center business. This particular facility will be one of several facilities of this type that will be built throughout our global retail network! Unfortunately, many of the materials that will be used in the development of this facility are still in the conceptual stage of design. Thus, material and color samples are not available at this time. At this time we are requesting your review and recommendation of our proposed plans, and rezoning recommendation of the property located at 1338 Concord from future commercial to general commercial. Our project development schedule for this facility is First Quarter 2001. Feel free to contact me at (678) 339-3831 if you have any questions. Sincerely, IffI!I Joe Cordell Real Estate Project Manager cc: T. Wilder J. Bellew 2 September 5, 2000 9 yur-d Q~. A. MAX BACON, MA YOR ~ANDIS JOINE " ITY CLERK - ('iJ;Y'"f\I.lj\.~ C0g!O ~ CHARLENE CAPILOUTO, WARD 1 , <-.- J.tL RON NEWCOMB, WARD 2 ~ /)1. JAMES M. HAWKINS, WARD 4 ~~~ ... .... September 5, 2000 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 Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran and representatives of the press. Invocation was given by Dr. Matthew Frederick of King Springs Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: ... Mayor Bacon recognized School Board Representative, Curt Johnston who introduced Ms. Mona Tucker, principal of Nickajack Elementary School. Ms. Tucker thanked the parents of Nickajack Elementary and the City for their support of the schools and indicated the students would be discussing the Character Words of the Month for August and September. Ms. Tucker recognized Ms. Cindy Szwec, counselor of Nickajack Elementary, who introduced Phillip Hoffman, Pria Patel, Sonya Patel, Joshua Moore, Valerie Loriss, Sam Stoval, Tyler Wesley, and Angela Tidd students of Nickajack Elementary. Mayor Bacon thanked the children and presented each student with a gift bag. Mayor Bacon introduced Representative Randy Sauder who presented a check in the amount of $5,000.00 to Mr. Harold Smith and Ms. Nancy Hancock for the Smyrna Cemetery. Representative Sauder stated this funding is the result of a State grant he was able to secure for the City of Smyrna. Ms. Hancock thanked Representative Sauder, Governor Barnes, Mayor Bacon, Council Members and the volunteers for their support. Representative Randy Sauder presented a check in the amount of $2,000.00 to Ms. Pat Burns for a video history project of veterans' recollections. Representative Sauder stated this funding is also the result of a State grant he was able to secure for the City of Smyrna. Mr. Harold Smith thanked Mr. Sauder for his commitment to Smyrna. Ms. Burns thanked Representative Sauder for his support. Representative Sauder thanked Mayor Bacon for his support and Mayor Bacon thanked Mr. Sauder for his commitment and dedication to Smyrna. ... Mayor Bacon introduced Mr. Floyd Millis who asked how to obtain the completed budget and Mr. Smith stated that a copy with text will be available in 6-9 weeks. PUBLIC HEARINGS: (A) Annexation Request (3.88 Acres)-Land Lots 333 and 334-North Cooper Lake Road-17th District, 2nd Section, Cobb County, GA. Mr. Smith stated that the petition for Mr. Scott Justus was validated on August 7, 2000 and that if approved, this 3.88-acre tract will become part of Ward 7 effective October 1, 2000. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. All that tract or parcel of land being in Land Lots 333 and 334 of the 17th District, 2nd Section, Cobb County, Georgia, being 3.88 acres as shown on the plat of survey for Ralph Wesley Bryant dated 09/11/98 by Carl A. Cochran, RLS #1370, and being more particularly described as follows: .. Beginning at the intersection of the north line of Land Lot 333 and the easterly right of way of North Cooper Lake Road, having a 50 foot right of way, run thence on said right of way in a northerly direction a distance of 185.84 feet to a point and the true point of beginning, running thence along said right of way north 02 degrees 29 minutes 52 seconds west a distance of 100.00 feet to a point, running thence on said right of way north 00 degrees 46 minutes 21 seconds west a distance of 108.47 feet to a point, running thence north 61 degrees 52 minutes 07 seconds east a distance of 219.25 feet to an iron pin found, running thence south 29 degrees 43 minutes 53 seconds east a distance of 41.70 feet to an iron pin found, running thence south 58 degrees 51 minutes 07 seconds east a distance of 176.37 feet to an iron pin, running thence south 53 degrees 54 minutes 00 seconds east a distance of 276.93 feet to an iron pin on the west line of land lot 334, running thence on said lot line south 00 degrees 50 minutes 40 September 5, 2000 2 seconds west a distance of 129.69 feet to an iron pin running thence south 69 degrees 24 minutes 22 seconds west a distance of 193.72 feet, running thence south 87 degrees 59 minutes 37 seconds west a distance of 169.92 feet to an iron pin, running thence north 02 degrees 42 minutes 09 seconds west a distance of 200.00 feet to a point, running thence south 85 degrees 32 minutes 40 seconds west a distance of 220.62 feet to a point on the easterly right of way of North Cooper Lake Road and the point of beginning. Councilman Wood stated that this property abuts Vinings Oaks Subdivision on North Cooper Lake Road and that a zoning change is not necessary. Councilman Wood made a motion to approve the annexation request of 3.88 acres on Land Lots 333 and 334 on North Cooper Lake Road in the 17th District, 2nd Section, Cobb County, GA to become a part of Ward 7 effective October 1, 2000. Councilman Lnenicka seconded the motion. Motion was approved 7-0. ...... (B) Rezoning Request-1338 Concord Road (1.2 Acres)-from F.C. to G.C. Mr. Smith stated that the Amoco station at the corner of Atlanta Road and Concord Road would like to expand their operation by demolishing the existing structure and building a larger, more attractive site that complies with the downtown guidelines. Mr. Smith stated that the planning and zoning commission approved this request at the August 14, 2000 meeting. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Hawkins introduced Mr. Jonathan Bellew, zoning and development manager of BPI Amoco, who stated that BPI Amoco plans to build a 4200 square foot retail convenience facility with gasoline pumps. Councilman Hawkins stated that this structure will be in the downtown Smyrna area and that there are many guidelines regarding construction. Councilman Hawkins asked Mr. Bellew to describe the planned lighting and Mr. Bellew stated that plans include the ornamental lighting currently being utilized in the downtown area. Councilman Hawkins stated that the City of Smyrna is very concerned with the large oak trees on the property and asked Mr. Bellew to elaborate on the plans to save the trees. Mr. Bellew stated that he plans to request a variance in order to reduce the number of parking spaces in order to save many of the larger trees and that he looks forward to working with City personnel in meeting the landscape guidelines. Mayor Bacon stated that he would like to see this establishment maintained as clean as area Quik Trips, and Mr. Bellew stated that he would be available if the City of Smyrna had concerns regarding cleanliness. Mayor Bacon urged Mr. Bellew to train his employees in alcohol sales. Mr. Bellew stated that BPI Amoco is very concerned with alcohol sales and has many programs regarding alcohol sales training. Councilman Scoggins asked Mr. Bellew to detail the plans for the grade on the property and Mr. Dan Harkleroad, Jr. described the retaining wall. Mr. Smith asked that the letter dated August 11, 2000, regarding the proposed development from Mr. Joe Cordell be entered into record and Mr. Bellew stated that he would accept the conditions of the letter (letter is attached and a part of the minutes). Councilman Hawkins read the following stipulations: 1. Landscape- Landscaping on Atlanta Road and Concord Road will meet the City's requirement as determined by the Community Development Department. 2. Trees- BP Oil will work with the City and its arborist to save as many mature trees as possible. 3. No building will be closer than 50 feet from any residential zoned property . 4. Exterior Lighting- BP agrees to add architectural street light fixtures to compliment current sidewalk fixtures. BP will submit overall lighting plan for acceptance by the Community Development Department. 5. Curb Pavers-BP will install curb pavers at all ingresslegress points. These pavers will compliment current pavers in use on Atlanta Road. 6. Exterior Finish- BP agrees to use brick as the exterior finish and these brick will be similar to and compliment the brick currently used by the Community Bank and CVS pharmacy. 7. Sign- BP agrees to construct a monument style sign which will conform to Atlanta Road overlay requirements. Base of sign will have a brick exterior. 8. Roof- BP agrees to install a mansard roof elevation. Plan for roof design to be approved by Community Development. ...., ...., Councilman Hawkins asked Mr. Bellew if the above conditions are agreeable and Mr. Bellew stated that he is in agreement. Councilman Hawkins made a motion to approve the rezoning request of 1.2 acres at 1338 Concord Road from F.e. to G.C. subject to the agreed upon 8 September 5, 2000 3 stipulations listed above. Councilman Scoggins seconded the motion. Motion was approved 7- O. (C) Land Use Change Request-1338 Concord Road (1.2 Acres)-from Low Density Residential to Neighborhood Activity Center. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. There was none. Councilman Hawkins made a motion to approve the land use change request of the 1.2 acres at 1338 Concord Road from low density residential to neighborhood activity center. Councilman Scoggins seconded the motion. Motion was approved 7-0. - (D) Rezoning Request-1519 Whitfield Street and 1498 Roswell Street (1.97 Acres)-from R-15 to F. C. and RAD Conditional. Mr. Smith stated that Mr. Kevin Knight is requesting this rezoning in order to build 2 homes on Roswell Street and 4 homes on Whitfield Street similar to the homes on the Village Green. Mr. Smith stated that the density will be 3.4 units per acre. Mayor Bacon stated that this is a public hearing and asked if there was any public comment. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Councilman Scoggins asked Mr. Knight to describe his plans for the Whitfield and Roswell Streets project and Mr. Knight stated that he plans to build homes that are similar to the Village Green that will face Whitfield Street and have a rear entry garage. Mr. Knight stated that he will remove no more than 4 trees. Mayor Bacon asked Mr. Knight to describe the project and Mr. Knight stated that his plans include a full brick front and brick on the sides of the exterior homes. Mayor Bacon asked Mr. Knight why homes no longer build all sides with brick and Mr. Knight stated that it is an issue of cost. Mr. Knight stated that he plans to build 2 story homes that are between 1,400 and 2,000 square feet. Mr. Knight stated that he will have a floor plan with a master bedroom on the main floor. - Mayor Bacon introduced Mr. Jeff Clayton of Whitfield Street who stated that he is pleased with this plan and asked that Mr. Knight save as many trees as possible. Mr. Clayton asked if the proposed homes could be placed closer to the road and stated that he does not wish for a fence around the property. Councilman Scoggins stated that he appreciates the way that the neighborhood and Mr. Knight have worked together on this project and made a motion to approve the request to rezone the 1.97 acres from R-15 and F.C. to RAD Conditional of 1519 Whitfield Street and 1498 Roswell Street with the following stipulations. 1. There must be a minimum of 10 feet between each home. 2. All homes will be sprinkled in accordance with the Smyrna Fire Department. 3. There must be minimum of 1800 square feet heated space in each home except one ranch style home may be 1400 square feet heated space. 4. All homes will be brick front with brick sides on exterior of homes on exterior property lines. 5. The density requirement is 3.40. 6. There will be a mandatory homeowner's association. Councilman Cramer seconded the motion. Motion was approved 7-0. (E) Land Use Change Request-1519 Whitfield Street and 1498 Roswell Street (1.97 Acres)- from Low Density Residential to Medium Density Residential. - Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Scoggins made a motion to approve the land use change request for 1519 Whitfield Street and 1498 Roswell Street from low density residential to medium density residential. Councilman Wood seconded the motion. Motion was approved 7-0. September 5, 2000 4 (F) Variance Request-2203 Iron Gate Drive-Reduce Side Yard Setback from 5 feet to 2 feet. Mr. Smith stated that this variance request will allow the applicant to obtain clear title to the property. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Lnenicka asked Mr. Justus why the variance is necessary and Mr. Justus stated that the foundation crew inadvertently sited the home with an encroachment over the right side building line. Mr. Justus stated that he was not aware of the problem until the survey for closing was completed. Councilman Lnenicka asked if the adjoining property owners have objections and Mr. Justus stated no. Councilman Lnenicka stated that there is a separation between homes of 21 feet. - Councilman Lnenicka made a motion to approve the variance request of 2203 Iron Gate Drive to reduce the side yard setback from 5 feet to 2 feet. Councilman Wood seconded the motion. Motion was approved 7-0. (G) Privileged License Request-Farida, Inc., d/b/a Cobb Center Amoco-2711 South Cobb Drive- Retail Package License (Beer and Wine). Mr. Smith stated that this request is an ownership and agent change and that the applicant has been given a copy of the alcohol beverage ordinance. Mr. Smith stated that the police investigation did not reveal anything that would preclude the issuance of the privileged license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer asked Mr. Vaghmar if he has ownership and Mr. Vaghmar stated that the official transferring of the business has not taken place. Councilman Cramer asked Mr. Vaghmar if he is aware of the alcohol sting operations that the City performs and Mr. Vaghmar stated yes. Councilman Cramer asked Mr. Vaghmar if he has training in place regarding under age alcohol purchases and Mr. Vaghmar stated yes. Councilman Cramer suggested that Mr. Vaghmar have a policy that if the customer does not show identification then that person can not purchase alcohol because underage sales of alcohol to minors is taken very seriously. Mayor Bacon asked Mr. Vaghmar to explain his policy regarding alcohol sales and Mr. Vaghmar stated that he would have a no identification/no alcohol purchase policy. -- Councilman Cramer made a motion to approve the privileged license request for a retail package license for beer and wine for Farida, Inc. d/b/a Cobb Center Amoco at 2711 South Cobb Drive. Councilman Wood seconded the motion. Mayor Bacon stated that he would like for Mr. Vaghmar's business to be successful. However, he needs to be very strict with alcohol sales because this location is on probation for under age alcohol sales. Motion was approved 7-0. (H) Privileged License Request-MM Millenium, Inc., d/b/a Chevron Food Mart-2875 South Cobb Drive-Retail Package License (Beer and Wine). Mr. Smith stated that this privileged license request is an agent change. Mr. Smith stated that the police investigation did not reveal anything that would preclude the issuance of the privileged license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Councilman Cramer introduced Ms. Mumtaz Pradhan who explained that underage sales are very important to her because she has children herself. Ms. Pradhan stated that Chevron is currently updating the registers to require a mandatory birthday year. Councilman Cramer asked Ms. Pradham if she is aware of the alcohol sting operations that the City performs and Ms. Pradham stated yes. Councilman Cramer asked Ms. Pradham if she has training in place regarding under age alcohol purchases and Ms. Pradham stated yes. Mayor Bacon stated that the best policy is to ask for identification for all alcohol purchases and Ms. Pradham stated that this is her policy. Ms. Pradham stated that an owner will be on the premises at all times. -- September 5, 2000 5 Councilman Cramer made a motion to approve the retail package license request for beer and wine for MM Millennium, Inc., d/b/a Chevron Food Mart at 2875 South Cobb Drive. Councilman Wood seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Authorize Mayor to Sign Agreement and any Document Thereof for Transportation Enhancement Activities between State of Georgia D.O.T. and the City of Smyrna. I ~ Mr. Smith stated that this agreement entitles the City of Smyrna to receive federal funds for a landscaping project on Spring Road. Councilman Hawkins stated that this agreement will cover the Spring Road Linear Park. Councilwoman Capilouto stated that a group of citizens formed the Spring Road Committee that influenced the beautification of Spring Road and that this path will start at Spring Drive and will end at Village Parkway. Councilman Hawkins made a motion to authorize the Mayor to sign the agreement and any document thereof for Transportation Enhancement Activities between the State of Georgia D.O. T. and the City of Smyrna. Councilman Scoggins seconded the motion. Motion was approved 7-0. (B) Amend Section 46-3; Subsection (8) "Construction or Repairing of Buildings." Mr. Smith stated that this amendment will establish a measurable decibel level for construction noise for after working hours. Article I In General Section 46-3; Subsection (8), "Construction or repairing of buildings. ... "(8) Building operations, excavating of streets. The erection (including excavation and site development), demolition, alteration or repair of any building in or within 300 feet of any property zoned residential within the city, and the excavation of streets and highways in or within 300 feet of any residential zoning district in the city, other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 6:00 p.m. Saturday, unless such operations which are carried on in such a manner or in such a location as not to create sound exceeding (60) dB(A), when measured at or beyond the property boundary of the property from which the sound emanates." Councilman Newcomb stated that a portion of the existing noise ordinance was overturned by the Court and that this amendment will be more specific. Councilman Newcomb stated that this ordinance establishes a working time requirement of 7:00 a.m. to 6:00 p.m. on Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday's for work exceeding 60 decibels of sound for construction work in a residential zoning or within 300 feet of a residential zoning. Councilman Newcomb made a motion to accept the amendment to Section 46-3 Subsection (8) for the Construction or Repairing of Buildings. Councilman Lnenicka seconded the motion. Mayor Bacon stated most municipalities have a construction noise ordinance. Mr. Smith stated that the City has received cooperation from the development community. Councilman Lnenicka stated that he believes the developers would like a good relationship with residents and that he believes the ordinance is well written and fair. Councilman Newcomb stated that this amendment will protect the peace and quiet of the neighborhoods while allowing quiet work to continue. Motion was approved 7-0. (C) Amend Fine/Surcharge Schedule to Include Additional 5 % Surcharge on all fines imposed by the Smyrna Municipal Court. ... Mr. Smith stated that the State of Georgia enacted a law in 1995 that mandates a 5 % fee be paid to Cobb County for the Local Victim Assistance Programs in addition to all fees assessed by the Smyrna Municipal Court. Councilwoman Capilouto stated that the Local Victim Assistance Program assist victims of crime. Councilman Hawkins asked if the City will now require an additional 5 % for all fines and Councilwoman Capilouto stated yes. Councilwoman Capilouto made a motion to amend the fine/surcharge schedule to include an additional 5 % surcharge on all fines imposed by the Smyrna Municipal Court effective October 1, 2000 (copy to be kept on file in the office of the City Clerk). Councilman Newcomb seconded the motion. Motion was approved 7-0. September 5, 2000 6 COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Bid A ward- 2000-0024- Three Replacement Trucks and One Replacement Chassis for Public Works Department. Councilman Scoggins stated that three bids were received on the three replacement trucks and one replacement chassis for the public works department. Councilman Scoggins stated the Public Works staff has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, Tidwell Ford. Councilman Scoggins made a motion that the bid for the three replacement trucks and one replacement chassis for the public works department be awarded to Tidwell Ford, low bidder meeting specifications, for a total cost of $121 ,347.00. Councilman Wood seconded the motion. Motion was approved 7-0. ....., CONSENT AGENDA: (A) Approval of August 21,2000 Minutes. (B) Approval to Install Stop Sign at corner of Millwood Trail and Fieldwood. (C) Approval to Purchase Used Vehicle for Smyrna Police Department. (D) Approval to Add 2 Vehicles to Surplus Items being Disposed of at Cobb County Auction. (E) Authorize Contract with Altamira for Parks Needs Assessment. (F) Authorize Approval of Incentive Package for Montclair Subdivision. Councilman Lnenicka made a motion to approve the Consent Agenda and Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood stated that the Parks Needs Assessment is for all city parks including the Chuck Camp Park and that the citizens will have the opportunity to participate in the assessment. ....., Councilman Lnenicka stated that the stop sign that was approved for the Heritage at Vinings subdivision was requested by the Advisory Board of Heritage at Vinings. Councilman Lnenicka congratulated Councilman Wood on the birth of his granddaughter and wished his sister a quick recovery. Councilman Cramer encouraged everyone to purchase their pavers for the Veteran's Memorial Park fundraiser. Councilman Cramer stated that there will be a neighborhood meeting with Mr. Burton and Mr. Mose for the Robin Lane area. Councilman Scoggins stated that the services of the public works department will continue to improve with the arrival of the new boom truck. Councilman Newcomb stated that he is excited to work with the Georgia D.O.T. on the Spring Road Linear Park. Councilman Newcomb thanked the citizens for attending the Ward 2 neighborhood meeting. SHOW CAUSE HEARING ....., (A) Alcohol Beverage Violation-Mom and Pop's Food Store-1687 Roswell Street- Agent Yvonne Ogbuefi. City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. September 5, 2000 7 Mr. Cochran stated that the officer involved in this sting operation is not present due to unrelated matters and that he has spoken with Mr. Jim Knight, attorney of the defendant, who stated that he will agree, for the purposes of this hearing only, that there was a sale to a undercover officer under 21 years of age. Mr. Knight presented a bottle of Hooper's Orange Hooch to Mayor and Council and stated that the packaging of the bottle is confusing. Mr. Knight stated that the clerk, Prince Igbokwe, did not realize that this product was alcohol and that Ms. Ogbuefi has been diligent in training her employees about alcohol sales. Mr. Knight asked Mayor and Council to take into consideration the packaging of the bottle of the Hooper's Orange Hooch and the fact that Ms. Ogbuefi's store policy is to ask for identification for anyone under 27 years of age when rendering their decision. - Mayor Bacon stated that Mr. Knight did not have a permit to sell alcohol and Ms. Ogbuefi stated that Mr. Knight has only been a cashier for two weeks and had not been sufficiently trained in alcohol sales. Councilman Lnenicka stated that Ms. Ogbuefi has a responsibility as an agent to make sure that her employees have alcohol permits. Ms. Ogbuefi stated that she no longer carries this item or other similar items in her store and that Mr. Knight now has an alcohol permit. Councilman Lnenicka stated that he is concerned with the packaging of the Hooper's Hooch. Councilman Scoggins stated that the Mayor and Council try to convey that businesses can not sell alcohol to minors and that this is the third offense for this location in 5 years. Councilman Scoggins made a motion to suspend the alcohol privilege license for Mom and Pop's Food Store for 90 days with a warning for the alcohol sales without a license and a 5 year probation beginning September 6, 2000 at 12:01 a.m. Councilman Newcomb seconded the motion. Motion was approved 7-0. (B) Alcohol Beverage Violation-Busy Bee Package Store-1651 D Roswell Street-Agent Y ousaf Muhammad Shaikh. City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. .. Mayor Bacon introduced Officer Bennett who stated that on June 7, 2000 the Smyrna Police Department in cooperation with the Cobb County Police Departments and other municipalities participated in an under age drinking task force. Officer Bennett stated that the task force performed a beverage service compliance check using informants under the age of twenty-one with a valid Georgia driver's license. Officer Bennett stated that 22 locations in the City of Smyrna were visited and 11 of these establishments committed violations. Bennett stated that the 17-year-old male informant purchased a 22 ounce Bud Light beer from the clerk, Altaf Mehanti Kotadiya, who did not ask for identification. Mayor Bacon introduced Mr. Shaikh who stated that the clerk made an honest mistake because the gentleman who rang up the sale was a visiting relative who stood in while the scheduled clerk was in the restroom. Councilman Lnenicka asked Mr. Shaikh if the man who sold the beer was an employee and Mr. Shaikh stated that no, he is visiting from India and doesn't speak English. Councilman Scoggins stated that he realizes that this is a first offense in three years. Councilman Scoggins made a motion to suspend the alcohol privilege license for Busy Bee Package Store at 1651D Roswell Street for 7 days beginning at 12:01 a.m. on September 6, 2000 with a 5-year probation. Councilman Lnenicka seconded the motion. Motion was approved 7-0. -- (C) Alcohol Beverage Violation-Kwik Way Foods (Exxon)-677 Concord Road-Agent Barkat A. Dossani. Mr. Ralph L. Mesa stated that he is the registered agent for the 677 Concord Road not Barkat A. Dossani. City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. September 5, 2000 8 Mayor Bacon introduced Officer Bennett who read Officer Hegwood's report regarding the June 7, 2000 Smyrna Police Department and Cobb County Police Departments under age drinking sting operation. Officer Hegwood's report stated that the task force performed a beverage service compliance check using informants under the age of twenty-one with a valid Georgia driver's license. Officer Bennett stated that 22 locations in the City of Smyrna were visited and II of these establishments committed violations. Hegwood's report stated that the 18-year-old female informant purchased a 6 pack of seven-ounce Bud Light beer after the clerk, Erma Clay, requested identification. He stated the identification showed the informant as being 17. Councilman Hawkins asked Mr. Mesa if he had any comments and Mr. Mesa stated that the store was guilty. Councilman Hawkins made a motion to suspend the alcoholic privilege license for North Georgia Convenience store at 677 Concord Road for seven days beginning at 12:01 a.m. on September 6, 2000 with a 5 year probation. Councilman Newcomb seconded the motion. .-. (D) Alcohol Beverage Violation-Exxon-2370 Spring Road-Agent Ralph L. Mesa. City Attorney Scott Cochran administered the oath to the persons who would speak in this hearing. Mayor Bacon introduced Officer Bennett who stated that on June 7, 2000 the Smyrna Police Department in cooperation with the Cobb County Police Departments and other municipalities participated in an under age drinking task force. Officer Bennett stated that the task force performed a beverage service compliance check using informants under the age of twenty-one with a valid Georgia driver's license. Officer Bennett stated that 22 locations in the City of Smyrna were visited and 11 of these establishments committed violations. Bennett stated that the 17-year-old male informant purchased a 24-ounce Corona beer after the clerk, Cynthia Loner, requested identification that showed the informant's birth date as 1982. Officer Bennett stated he was able to see the entire transaction. Councilman Newcomb asked Mr. Mesa if he had any comments and Mr. Mesa stated that the store had training in place and that he can't watch the employees 24 hours a day 7 days a week. Councilman Newcomb made a motion to suspend the alcoholic privilege license for North Georgia Convenience store at 677 Concord Road for thirty days beginning at 12:01 a.m. on September 6, 2000 with a 5 year probation. Councilman Lnenicka seconded the motion .-. ADJOURNMENT With no further business, the meeting adjourned at 10: 10 p.m. .-.