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October 21, 1991 Council Meeting October 21, 1991 The regular meeting of Mayor and Council was held October 21, 1991 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Parks Director Sherry Reavis, Library Director Laurel Best, Personnel Director Jane Mears, Public Works Director Vic Broyles, Fire Chief Larry Williams, Communications Director Steve Ciaccio, Finance Director Emory McHugh, Police Chief Stan Hook, City Engineer Ken Hildebrandt and representatives of the press. Invocation was given by Elijah Jones, pastor of Greater Zion Hill Baptist Church followed by the pledge to the flag. ... CITIZENS INPUT: Kathy Jordan read a proclamation for Alpha Delta Kappa Month which was signed and presented by Mayor Bacon. Judy Robinson of 3934 Lake Drive complained of police harassment and brutality against her 18 year old son in several different incidents. Mayor Bacon stated he would ask the Police Committee to look into the allegations. Colonel Mike Swinford presented a certificate to Councilman Wade Lnenicka on behalf of the National Defense University of Washington, D.C. for completing the National Security Management Course by seminar. Mr. Swinford said this is a volunteer program that is open to reservists and civilians in which Mr. Lnenicka has participated over the last 2 years to further himself in the Army reserves. PUBLIC HEARINGS: (A) Variance - side yard setback at 2754 Spring Drive John Patterson stated that Morris build a storage building for his Drive. The variance will reduce feet. There was no opposition. Clacker is requesting this variance to car and tools at his home at 2754 Spring the side yard setback from 10 feet to 2.5 .. Maureen Akin who stated she was a neighbor, represented Mr. Clacker who could not attend. The adjacent neighbors have raised no objections to the building which will be in line with similar storage buildings in neighbors yards on either side of Mr. Clackler. The slab for the building was poured about 20 years ago and cannot be moved. Bob Davis said the exact size of the building is not specified but it will fall within the 25% maximum size provision allowed by code. Mr. Davis made a motion the variance be approved as requested. Wade Lnenicka seconded the motion which carried 7-0. (B) Privilege license - package beer and wine sales at 777 Food Store, 1649 Smyrna Roswell Road John Patterson stated that Mr. Jae Son Kim is requesting this license for 777 Food Store. This request was tabled at the last meeting. There was no opposition from the audience but the police investigation did reveal that the store has been under scrutiny by the U.S. Department of Agriculture for possible violations of the Food Stamp program and they are in the process of being cited for those violations. Bill Scoggins stated this particular location has been a problem for the last few years and there was a question now, since this is a privilege license, concerning the food stamp allegations. ... Attorney Furman Smith said there has been no final determination on the food stamp issue and it should not be relevant to this application. Bill Scoggins stated that since this is a privilege license he had some reservations about the allegations and made a motion the application be tabled for 2 weeks or until this issue has been resolved. Mr. Smith said it could be resolved tonight by simply agreeing to surrender food stamp authorization which would remove any question on that issue. Jack Shinall seconded the motion and stated the allegations, if they are held to be true, places a serious doubt in his mind as to the character of the individual applying for the license. Therefore, it is a serious offense in his mind because if the applicant has violated the food stamp law felt he would have a tendency to violate other laws, such as the alcohol beverage ordinance. October 21, 1991 meeting - continued Mr. Smith said this is not one of the items stipulated in the Smyrna code as a pre-requisite for qualification for a beer and wine license. It is not a criminal violation charge, it is an administrative violation. At worse, it is sloppy handling of food items on their part and has nothing to do with the application pending tonight and is not legal grounds for disqualifying him from obtaining the license. Mr. Camp said he disagreed, it is legal grounds because it deals with moral character and that is the purpose of these hearings. Following further discussion, vote on the motion to table carried 7-0. Mr. Smith stated that when they come before council again they may bring a list of other locations with similar violations and insist that action be ... taken against them. It is no longer a privilege license since the City has issued other alcoholic beverage licenses and therefore they must be issued to everyone. Failure to do so is violation of their civil rights. Jack Shinall stated that everyone had been treated equally and council had never issued a license to anyone with food stamp violations. (C) Privilege license liquor, beer and wine pouring - Lupita Mexican Restaurant, 2161 South Cobb Drive John Patterson stated change only for their will remain as agent There was no opposition. that LaFiesta Mexican Restaurant is requesting a name restaurant at 2161 South Cobb Drive. Mr. John Mills and this matter was also tabled at the last meeting. Carlos Hernandez said the only change they were making concerning the license was the name of the business from LaFiesta Mexican Restaurant to Lupitas. They are trying to build their business and thought the name change along with remodeling and new menu items would help. Mr. Mills has held the license for 9 years and would continue to do so. Mr. Mills was also present and stated that he was a full time employee of Southern Railway but was at the restaurant about once a week. There was one violation in April for selling to a minor during one of the City sting operations and that was their first offense in 8 years of business. At that time, the restaurant paid a fine of $1500. Mr. Hernandez said after the violation occurred, they have increased their training activities and have had no problems. ... Jack Shinall stated that during the show cause hearing, Mr. Mills expressed some concern about holding the license and asked if he felt confident now about continuing to do so. Mr. Mills said he felt sure there would be no further problems and would continue to hold the license. Kathy Jordan made a motion the license be approved, seconded by Wade Lnenicka. Vote on the motion carried 7-0. (D) Privilege license - Fast Cash (car title pawn), 2242 South Cobb Drive John a car prior shops. Patterson stated that Joseph L. Willis has submitted an application for title pawn shop at 2242 South Cobb Drive. The application was submitted to the moratorium and subsequent ordinance revisions governing pawn Mr. Willis and Sue Brissey were sworn by Mr. Camp. Kathy Jordan stated she understood the business would be for car title loans only with no parking or overnight storage of vehicles. Mr. Williams said vehicles that are recovered through loan defaults are stored at a lot in Woodstock. Loans are made for 30 to 90 days, usually less than $3,000 at an interest rate of 2% monthly with a 20% to 40% service charge. ... During dis~ussion Mr. Willis stated that he was not a resident of Cobb County as required by the Code and Mr. Camp advised that the license could not be issued. Wade Lnenicka suggested that the application be tabled to allow Mr. Willis to withdraw his request. Jim Hawkins suggested that the application fee be refunded but Mr. Willis said he understood that was an advertising cost and was not concerned with the $100 fee. After further discussion Kathy Jordan made a motion the application be tabled. Wade Lnenicka seconded the motion which carried 7-0. (E) Privilege license - package liquor, beer and wine sales at Ray's Package store, 1055 Windy Hill Road October 21, 1991 meeting - continued John Patterson stated that Ramin R. Torabi is requesting this license for an ownership change of Rays Package store, formerly One-stop Package. The police investigation was favorable and there was no opposition. ... Mr. Torabi said he would be the new owner and agent for the location, was an American citizen and resident of Cobb County for the past 12 years. Also, he had read and understood the alcoholic beverage ordinances for the City and would abide by them. Mr. Torabi said he had some experience from working occasionally in a convenience store owned by his family in stone Mountain and had also worked at this store. There was a violation of selling to minors during a sting operation in 1989 but Mr. Torabi said he knew to accept only a Georgia drivers license or government issued card for identification purposes. After further discussion Kathy Jordan made a motion the license be approved. Bill Scoggins seconded the motion which carried 7-0. (F) Business license - Players Choice Billiards, 1797 Spring Road John Patterson stated that Henry Walter and Danielle Graves have requested a license for a game room at 1797 Spring Road. They will operate electronic games and pool tables but will not serve alcoholic beverages. The police investigation was favorable and there was no opposition. ... Ms. Graves said they wanted to operate a family type business with electronic games and pool tables. Soft drinks and snacks will be sold, with no alcoholic beverages. They felt this would be a good location for a game room and would help the community. Ms. Graves said she was aware of the city ordinance regarding the limitations on hours of operation during school hours and they also have a clause in their lease that they will not permit loitering around the shopping center or building. Also, their plans were to have a security officer or off duty police officer on the premises to ensure that the other tenants are not disturbed in any way. Ms. Graves said she knew there had already been some complaints of loitering but they would handle that to the best of their ability until they could hire security personnel. Bob Davis also suggested that more lights be installed if possible to provide additional security. Bill Scoggins said apparently there have problems with loitering in the past and asked the applicants to help control it. Mr. Scoggins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. (B) Zoning ordinance amendment - Architectural Design District and Central Business District Guidelines Jim Hawkins stated these ordinance reVlSlons were advertised for a public hearing tonight but.council has not had sufficient time to study them before making a recommendation. These amendments will establish the architectural design district and create an architectural design committee by establishing a new zoning category in our ordinance. Mr. Hawkins said we are hoping to create a focal point for the downtown area and this is a major step. There were no questions or comments from the audience and Jim Hawkins made a motion the ordinance amendments be tabled to the next meeting. Jack Shinall seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Bid opening - vehicle for Parks Department Bids were opened, read and recorded as follows: .. Wade Ford Clancy Ford Hardy Ford $15,438.00 $14,778.00 $15,099.50 $14,687.00 wlo license fee Bill Scoggins made a motion the bids be turned over to the Parks Committee with authority to award the low bid meeting specifications. Wade Lnenicka seconded the motion which carried 7-0. (B) Bid opening - vehicle for Community Development Bids were opened, read and recorded as follows: October 21, 1991 meeting - continued Wade Ford Clancy Ford Family Ford Days Chevrolet $12,415.00 $11,234.00 $10,978.00 $12,404.51 $10,566.00 wlo license fee Bob Davis made a motion the bids be turned over to the committee for review and a recommendation back at the next meeting. Wade Lnenicka seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of (B) Approval to (C) Approval of (D) Approval Department (E) Approval of .... October 7, 1991 minutes request bids for bucket CDBG agreement totaling to request bids for truck $153,202 computer equipment, Communications 3-way stop signs - Park Road @ Falling Water Drive Bill Scoggins made a motion the consent agenda be approved. Bob Davis seconded the motion which carried 7-0. COUNCIL INPUT: Police Chief Stan Hook responded to allegations made earlier in the meeting by Mrs. Robinson and said he was familiar with each and every incident. The first four allegations have been thoroughly investigated and the others are currently under investigation. Chief Hook said he would bring the reports to the committee regarding the allegations made tonight and appropriate action would be taken as warranted. Chief Hook said he was proud of his officers and while they are not perfect, assured everypne that his men did not behave in the manner that was described tonight. Councilman Pete Wood said the committee would meet soon and report their findings back to council. Reports were also given from the Fire Department, Public Works, Personnel, Library and Parks Departments. ...., Jack Shinall asked that consideration be given to the small business owners when the zoning ordinance amendments are approved so that reasonable guidelines will be established for them. Mr. Shinall said the CDBG agreement approved tonight is for replacement of water lines on Stephens Street, Hillside, Birch Street and Sherwood Road. These are Federal funds that have been approved for this project which was submitted probably 6 or 7 years ago. In order to meet requirements for funding we are required to provide questionnaires from residents in the area to show proof that they meet the requirements for this type of funding. Cooperation in completing the questionnaires and returning them will help speed up the process. Jim Hawkins said that several weeks a citizen reported some traffic problems including lack of a turn light at Church Road and South Cobb and also at King Springs at South Cobb Drive. The turn signal at Church and South Cobb has already been taken care of and learned tonight that the signal at King Springs Road at South Cobb Drive had also been approved for a left turn signal for westbound traffic. Wade Lnenicka recognized the Campbell High School Booster Club for organlzlng and hosting a reception for city employees night at the game last week. Mr. Lnenicka said he had received several calls about the bridge on Ashwood Drive. Some improvements have already been made and Mr. Lnenicka said he hoped the residents were pleased with the response they have seen. ...., Mr. Lnenicka said he appreciated Chief Hook's response and asked the public to remember there are two sides to every story. We will investigate this matter and hear both sides of the story and assured everyone that we will do whatever is necessary to maintain the integrity of the Police Department. Mr. Lnenicka said he was especially pleased with the citizens input portion of the meetings which gave an opportunity for everyone to voice their opinions. .. .. .... October 21, 1991 meeting - continued With no meeting adjourned at 9:17 p.m. -1)jLlviJ- MELI DA 0 I