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November 6/20, 1989 Council Meeting November 6, 1989 'l'he regular scheduled meeting of Mayor and Council was held pursuant to the Charter on November 6, 1989 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, Personnel Director Jane Sargent, Public Works Director Vie Broyles, Fire Chief Larry Williams, Acting Police Chief Major Kent Sims, Recreation Supervisor Susan Hunt, Finance Director Emory McHugh, Communications Director Steve Ciaccio, Librarian Laurel Best, Building Inspector Scott Stokes and representatives of the press. Invocation was given by Michael Ward from Welcome All Baptist Church, followed by the pledge to the flag. .. CITIZENS INPUT: Kathy Barton presented awards to two groups from the Smyrna Assembly of God for picking up litter along the right of ways and planting jonquil bulbs at the city limit signs. Mayor Bacon announced that in May of this year, Everett Little retired as Police Chief and since that time a 3earch has been underway for a new Chief. Tonight, Stanley Hook from Amsterdrun, NY accepted the position. Mr. Hook was rated as the number one candidate by the Civil Service Board and council also felt that he was the very best qualified candidate. Mayor Bacon introduced Mr. Hook and welcomed him. PUBLIC HEARINGS: (A) Variance request - side yard setback at 931 Concord Road. John Pattersopn stated that Dr. Remond Weinburg of LifE~line Chiropractic Center is requesting this variance T.O build a 12 x 33 addition onto the rear of his office to provide for three additional treatment rooms. The present building side yard setback is grandfathered at 12.7 feet and this addition would be 12.1 feet from the right. of way of McLinden Avenue. There was no opposition from the audience. David Lynah represented Dr. Weinburg and said the addii.ion would be in a -.. straight line with the existing structure but would be approximately 6 inches closer to McLinden Avenue. Dr. We.Lnburg also owns the property to the rear that would be affected by this var:i.ance and a letter was submitted from the other adjacent property owner stating they had no objections to the variance. Jim Hawkins made a motion the variance be approved as requested. Wade Lnenicka seconded the motion which carried 7-0. (B) Privilege license - Liquor, beer and wine pouring - Ruby Tuesday's, 3197 South Cobb Drive. John the the was Patterson stated that Eric Michael Paul has submitted an application as agent for the new Ruby Tuesday's at 3197 South Cobb Drive. Mr. Paul meets residency requirements and the police investigation wa~ favorable. There no opposition from the audience. .... Eric Michael Paul said he was the D:,.vision Vice President for Morrison's and also introduced Leonard Moore who w:cll be the manager for this new facility. Mr. Paul said he realized he would bE:! the person responsible for any local or State violations and had read our ordinance. Mr. Paul said they have an extensive training program for their employees and their foed sales are about 80% of gross sales. Mr. Moore w::.ll be managing the restaurant, having previously managed stores in Florida and more recently at Perimeter Mall. Mr. Lnenicka recommended that they estcililish a firm policy to card everyone and not leave it up to their employees to make the determination if they are of age. Jack Shinall also asked Mr. Paul to provide a copy of their training program to be kept on file. After further discussion, Jim Hawkins made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. (C) Privilege license liquor, beer and wine pouring - Casa De Garcia Restaurant, 4924 South Cobb Drive. John Patterson stated that Gloria Garcia has applied as the licensee for Casa De Garcia Restaurant on South Cobb Drive, in the Kenwood Plaza Shopping November 6, ~989 meeting - continued Center. There was no opposition and the police investigation was favorable. Mrs. Garcia said they have no other restaurants or liquor licenses but she has read the ordinance regarding alcoholic beverage sales and felt she understood them. They planned a training program for employees and would provide an outline for the City if it was required. After further discussion, John Steely made a motion the license be approved. Bob Davis seconded the motion which carried 7-0. (D) Privilege license liquor, beer and wine pouring Restaurant, 652 Concord Road. The steer John wine Road. Patterson stated that Marc D. Cella has applied for a liquor, beer and pouring license for The Steer, formerly the Western steer on Concord The police investigation was favorible and there was no opposition. ...., Mr. Cella said he was the corporate counsel for Georgia WSMP, Inc. and introduced Nick Lourick, General Manager. Mr. Cella said he is also a local resident and since the restaurant is between his home and office, he planned to spend a good bit of time there, understanding that he would be responsible for any violations. Mr. Lourick outli~ed the training program for employees which included a color code warning system to be used when serving alcohol to their customers. Jim Hawkins said there are two homes across the street but since they are not inside the city limits, are not cO,1sidered in the distance requirements established by Code. Mr. Cella has, however, obtained waivers from those homeowners even though they were not r.equired. After further discussion, Jim Hawkins made a motion the license be approved. Jack Shinall seconded the motion which carried 7-0. (E) privilege license management change - Cas a Gallardo Mexican Restaurant, 2728 New Spring Road. John Patterson said that Francis Robert act as the new appointed agent for investigation was favorable and there was Shea has submitted an application to Casa Gallardo Restaurant. The police no opposition from the audience. ...... Nancy Saul represented Casa Gallardo along with Mr. Shea. Ms. Saul said the restaurant has had problems maintaining a manager that meets our residency requirements and the last change was approved in February 1989. Mr. Shea stated he was the lounge manager and had been employed by Casa Gallardo for 6 months. Mr. Shea said he also had read and understood our ordinance governing the sale of alcoholic beverages. With little discussion Bob Davis made a motion the license be approved. Wade Lnenicka seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Validate signatures to annex proper-ty in Land Lots 307 and 308. Attorney Camp read an application for annexation of property, signed by Joe L. Thompson as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: ...., All that tract or parcel of land the 17th District, 2nd Section, particularly described as follows: lying and being in Land Lot 307 and 308 of Cobb County, Georgia, and being more BEGINNING at the common corner of Land Lots 270, 271, 306 and 307 and running thence south 88 degrees 06 minutes 26 seconds east along the north land lot line of Land Lot 307 a distance of 728.59 feet to a point; thence south 22 degrees 30 minutes east a distance of 1152 feet to a point along the centerline of Smyrna Creek; thence south 00 degrees 28 minutes 57 seconds east a distance of 263.70 feet to a point; thence north 78 degrees 26 minutes November 6, 1989 meeting - continued 53 seconds west a distance of 275 feet to an iron pin set; thence south 11 degrees 24 minutes 16 seconds west a distance of 200.70 feet to an iron pin set on the north right of way line of Church Road; thence north 78 degrees 35 minutes 25 seconds west a distance of 374.77 feet to an iron pin set; thence north 30 degrees 22 minutes 31 seconds east a distance of 440 feet; thence north 8 degrees 09 minutes 43 seconds east a distance of 245 feet; thence north 25 degrees 28 minutes 20 seconds west a distance of 601.54 feet; thence north 64 degrees 53 minutes 33 seconds weest a distance of 681.95 feet to an iron pin at at the corner common to Land Lots 270, 271, 306 and 307 and point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREBY APPLY ~OR SUCH ANNEXATION. ... Witness the hands and seals of 60% of the record title holders of the land described above: s/JOE L. THOMPSON Jack date 7-0. Shinall made a motion the petitiJn be validated and the public hearing set for December 4, 1989. John St~ely seconded the motion which carried (B) Bid openings Bids for a as follows: new sedan for the Fire Dep'2rtment were opened, read and recorded Days Chevrolet Wade Ford $13,700 $14,129 Kathy Jordan made a motion the ;Jids be turned over to the committee with authority to award the low bid meeting specifications. John Steely seconded the motion which carried 7-0. Bids for two pickup trucks for -~he Community Development and utilities Department were opened, read and recorded as follows: Days Chevrolet $11,124 $13,000 .... Wade Ford $10,959 $13,082 Jack Shinall made a motion the bids be turned over to the committee with authority to award to the low bidder meeting specifications Bob Davis seconded the motion which carried 7-0. (C) Approval to increase retail water rates. John Patterson said the Cobb-Marie~ta Water Authority recently passed on an increase to its retail customers effective October 1st which must be passed through to our customers. ..., Jim Hawkins said the Cobb-Marietta Water Authority is our sole supplier for water and we have been notified of the water increase taking effect October 1st. The increase cannot be absorbed h~l the City and city staff members were asked to study the increase to determine our needs and poll other cities before making a recommendation. Cobb County charges $1. 72 per thousand; Austell charges $1.46; Powder Springs $1.72 and Marietta $1.65 per thousand with some of those cities having base rates similar to ours. The Finance and Administration has recommended a ratt~ of $1.40 per thousand which would still give us the lowest rates in the county. We would need to adopt a rate of $1.20 per thousand to break even and the additional .20 we,uld provide funds for the water looping project which we need to improve water pressure in our city. This project will cost about $240,000 and funds need to come from Water Revenue. The additional money wou~d also put is in a financially secure position to ensure a good bond rating for any future major improvements. Mr. Hawkins said we have not had a water increase in the last 2 years and during that time our salaries and operating costs have increased substantially. Jim Hawkins made a motion the water rates be increased from $1.10 to $1.40 per thousand, seconded by Kathy Jordan. Jack Shinall said he would not support the increase to $1.40 because he felt that amount was unwarranted. An increase is needed, but $1.30 per thousand would give additional funds we need for the looping project plus any reserves. Mr. Shinall said we are already budgeting money for the looping and felt this 27% increase was excessive and he would not support it. Vote on November 6, 1989 meeting - continued the motion to approve the new rate of $1.40 carried 6-1, with Jack Shinall opposed. (D) Appointment to Community Relations Council. Jack Shinall made a motion this appointment be tabled. Kathy Jordan seconded the motion which carried 7-0. (E) Set date to hear appeal of Recorders Court - Helen Diane Border John Steely made a motion the appeal for Helen Diane Borders be set for November 20, 1989. Kathy Jordan seconded the motion which carried 7-0. BID AWARDS: ..... (A) Jonquil Pool bathhouse Bill Scoggins made a motion the bid for the Jonquil Pool bathhouse be awarded to B. L. Law, the low bidder at $33,200. Bob Davis seconded the motion which carried 7-0. (B) Tolleson Park tennis court restrooms Bill Scoggins made a motion the renovation of the restrooms at Tolleson Park tennis court be awarded to B. L. Law, the low bidder at $24,150 to be paid from the contingency fund. Jack Shinall seconded the motion which carried 7-0. (C) Detour lights for Public Works Department Jack Shinall made a motion the detour lights be awarded to Con Equip, the low bidder at $3,515 provided they meet delivery within 30 days. Bob Davis seconded the motion. After discussion, Wade Lnenicka amended the motion to state that if delivery cannot be made within 30 days, the bid be awarded to the next low bidder, BBJ, Inc. for $4,115. Jack Shinall seconded the amendment. Vote on the amendment and nain motion carried 7-0. (D) Removal of Tolleson Park pool awning structure ..... Bill Scoggins L. Law, the carried 7-0. made a motion the removal of the pool awning be awarded to B. low bidder at $6,750. John Steely seconded the motion which (E) Computer equipment for Fire Department Kathy Jordan made a motion the computer equipment be awarded to National AI Lab at $11,002. Jack Shinall seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval to request bids for dump truck and steam cleaner (B) Approval of minutes: 10/2/89 and 10/16/89 (C) Approval of budget adjustments (D) Approval of Mayor or City Clerk to receive service of process Jim Hawkins made a motion the consent agenda be approved. Wade Lnenick2 seconded the motion which carried 7-0. SHOW CAUSE HEARINGS: John Patterson said that after the amendment to the alcoholic beverage ordinance allowing for suspension by this body, the sting operation began again in an effort to be certain that the license holders were properly discharging their duty and fulfilling the code. Unfortunately, there were other cases made that will be heard tonight. ..... Tenneco Food Store, 2610 Cobb Parkway Licensee Robert Cyrus Walburn was sworn in Store Manager, with Captain Ted Kirby Attorney Wes Baxter represented Tenneco. along with the Area Supervisor and from the Smyrna Police Department. Captain Kirby said that on October 18, 1989, he sent an underaged buyer into November 6, 1989 meeting - continued the Tenneco :.It '2610 Cobb Parkway where he purchased a 6 pack of Bud light from the clerk, Frederick Christmas. Captain Kirby went into the store to notify the manager and later charged him with furnishing alcoholic beverages to a minor. The buyer in this case was 20 years old, born July 27, 1969. The clerk said he did not check the ID, but he did have a 6 pack sitting behind the counter that he had just taken from another minor who was checked. Wes Baxter said the employee who made the sale has been fired and there was certainly no intent on the part of Tenneco to violate the law. They were willing to take their punishment but did ask that council be reasonable. After hearing all testimony Jim Hawkins made a motion the license be suspended for 30 days, effective at 12:01 a.m., November 7th. Bob Davis seconded the motion which carried 7-0. - Quick-Trip Food store, 3875 South Cobb Drive Licensee Douglas Cussimanio and Operations Manager Bill Friggel were sworn in by Mr. Camp. Ted Kirby said that ;:m the evening of October 25, 1989, their underaged buyer was sent in to the Quick Trip where he purchased a 6 pack of Budweiser beer. His ID was checked by the clerk Thomas Allen Curtis, who asked and was told by another pers~m in the store that 20 was the legal age to buy. After the buy was made, Ca?tain Kirby entered the store and advised the clerk he had just sold to an und'::!raged person and that a warrant would be taken later and he agreed to turn himself into the Sheriff I s office the following day. Assistant Manager Todd Shiflett was notified of the violation. Mr. Cussimanio said they do have an excellent training I)rogram and he had personally trained Tom Curtis but apparently he was not able to calculate the age from the date of birth on the li<:::ense. He was suspended when the incident occurred and he has since resigned, rather than face disciplinary action. After further discussion and hearing all testimony, Jim Hawkins made a motion the license be suspended for 30 da:{s effective at 12:01 a.m., November 7th. John Steely seconded the motion which carried 7-0. - Zesty Food Market, 5055 Oakdale Road Licensee/owner Bimesh Marvasty and store sworn in by Mr. Camp. Mr. Marvasty was Yarborough. clerk Melisa Joyce Singley were represented by Attorney Larry Captain Kirby said that on October 18, 1989, they sent their 20 year old underaged buyer into Zesty Food Harket where he purchased a 6 pack of Budweiser beer from store clerk Melissa Joyce Singley, without being asked for any identification. Miss Singley was informed that she had just sold to an underaged person and Mr. Marvnsty was notified by telephone of the violation. Captain Kirby said theLe was no particular reason to go to the store, other than to spot check, and some stores had been checked as often as 2 or 3 times. However, there had bl!en some hearsay about alcoholic beverage sales being made at Zesty Food during the time their license was in suspension in August of this year. - Parks and Recreation employee Trudy Lawless was later sworn in and testified that she shopped in the Zesty Food Market frequently and had personally observed Mr. Marvasty selling beer Hhile his license was sl:;spended for sales to an underaged person. Mr. Yarborough objected to the line of questioning because they had not been put on notice of any other violations. Mr. Camp dismissed the witness and said the City could bring this a~ain as a separate action. After hearing testimony from Ms. Singley, Mr. Marvasty presented a peti tion to council signed by 261 pE!ople in support of him and his business. Mr. Camp said the introduction of the petition by Mr. Marvasty had opened the door for testimony from Trudy La~lless which was not allcwed earlier. Mrs. Lawless was recalled and testified a~rain under oath that she was in the Zesty Food Mart the day after their L.cense had been suspended by the City for selling to minors and observed Mr. Marvasty selling a case of Budweiser beer to the man in line in front of her.. After accepting the money for the beer, he placed a brown bag over the box before placing it in the car. Mr. Marvasty denied the incident and said he had never sold beer by the case. After further discussion, Mr. Yarborough requested that council be lenient in their decision and hoped they would see fit to reinstate the license tonight with certain conditions. Jim Hawkins said he testimony but made a Market be suspended had tried to keep an motion the license at for 6 months, the open mind tonight 5055 Oakdale Road maximum allowed throughout the for Zesty Food by ordinance November 6, }989 meeting - continued short of permanent revocation. John Steely seconded the motion. Jack Shinall said from the testimony tonight he personally did not know if Mr. Marvasty was capable of operating a business that sells alcoholic beverages since it was apparent that he did not understand the law when he stated earlier that his employee did not have to be fingerprinted to sell. He also did not understand how to calculate ratio of food sales to alcoholic beverage sales. Mr. Shinall said Mr. Marvasty is charged with the responsibility of understanding the laws and obeying them and felt the license should be permanently revoked. Wade Lnenicka said the action tonight sets a precedent for future similar circumstances. He was sympathetic with the owners who can't always be present in the storB and knew that employees to a certain extent had to be relied on to exercise their judgment. It is probably wise to have employees card everybody regardless of the appearance of age to remove any doubt. If this sale had been made by Mr. Marvasty, he would agree that the license should be revoked but under these circumstances felt that a 90 day suspension might be more appropriate. After further discussion, vote on the motion to suspend the license for 6 months carried 5-2, with Wade Lnenicka and Jack Shinall opposed. Mr.:lawkins stated the suspension would be effective from October 19, 1989, when thB license was suspended by the Mayor. - COUNCIL INPUT: Everyone welcomed st:ln Hooks to Smyrna and expressed their confidence that he would do a good job. John Steely reported that our DUI Task Force made 67 cases last weekend including 7 DUI's and other miscellaneou3 traffic offenses. Jack Shinall read a letter from BarnBtt Bank commending Officers Folds and Littlejohn on their quick action on the attempted robbery at their South Cobb Drive branch. Bill Scoggins said the City just won two prestigious awards from Keep America Beautiful Council which would be presented at the National conference in December. Wade Lnenicka thanked Cobb County for placing the traffic light at Ridge and ~tlanta Road and reminded everyone of the school bond referendum coming up. Mr. Lnenicka also reported on library ac-tivities. ...., Bob Davis requested that the STEP unit be assigned to work the intersection of Spring and Campbell Road following complaints about cars running the light there. 7&;;;;88, -A. AAX BACON, AAYOR meeting adjourned at 10:26 p.m. November 20, 1989 ...., The regular scheduled meeting of Mayor and Council was held November 20, 1989 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 except for Jack Shinall who was out of town on business. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, Public Works Director Vic Broyles, Fire Chief Larry Williams, Personnel Director Jane Sargent, Librarian Laurel Best, Parks and Recreation Director Sherry Reavis, Communications Director Steve Ciaccio, Finance Director Emory McHugh, City Engineer Mike Hutchinson and representatives of the press. November 20, 1989 meeting - continued Invocation was given by York Chambless, retired minister of Trinity Baptist Church followed by the pledge to the flag. CITIZENS INPUT: Senator Hugh Ragan commended the Mayor, Council and city staff for the outstanding job they did in responding to the crash of the Navy A.7 Corsair at the Pine Village Apartments on Windy Hill Road, November 9th. 3enator Ragan said he had heard many good comments from our citizens and felt they should be commended for their efforts. Judge Robert Flournoy represented the Cobb Historical Society to present their book entitled The First 100 Years. This is the only existing complete history of Cobb County and an additional 1,000 books have been printed for resale at $40.00 each. Proceeds will go towards the restoration of the ... William Root home, built in 1826 and believed to be the oldest structure in Cobb County. Laurel Best presented a new library card to Mayor Bacon and reported that the new computer system is operational and handles everything from circulation to cataloging. Mayor Bacon stated that last Thursday night, a Navy A7 Corsair plane crashed into the Pine Village A.partments on Smyrna Roswell Road. There were two lives lost and we were very fortunate tnat there weren't other fatalities. Mayor Bacon commended city personnel and said he was very proud of them and also presented certificates of appreciati~n to other businesses and public service agencies that assisted in rescue efforts. RECORDERS COURT APPEAL: recommendation of Solicitor be dismissed for failure carried 6-0. Helen Diane Border was not present and upon the Mike Whaley, John Steely made a motion the appeal to appear. Kathy Jordan seconded the motion which PUBLIC HEARINGS: (A) Privilege license management shange - Smyrna Oakdale Moose Lodge, 3780 South Cobb Drive. ... John Patterson stated that Willimn Frank Ketterer is applying as agent for the Moose Lodge pouring license and will also be the manager there. There was no opposition from the audience and t~e police investigation was favorable. Mr. Ketterer said he had been with the Moose Lodge since 1972 and they are transferring the license due to a change of bar managers. John Steely said there have been no problems at this Location and with little discussion, made a motion the transfer be approved as requested. Wade Lnenicka seconded the motion which carried 6-0. (B) Variance request - rear yard setback on Lot 8, Vinings Glen Subdivision John Patterson stated that Georgia Federal Bank had foreclosed on this unfinished home when financing was not approved and they need a reduction of the rear yard setback from 30 to :~O feet. This is a cul-de-sac lot and the configuration of the lot makes i,- difficult to position the house to meet setback requirements. There was no opposition. Wade Lnenicka said he had met with Louis Matthews of Georgia Federal Bank and they will meet the homeowners who Well be affected by this variance tomorrow night. Meanwhile they have agreed to table the variance until the next meeting. Wade Lnenicka made a mot_~on the variance request_ be tabled to the December 4, 1989 meeting. Bob Davis seconded the motion which carried 6-0. ... FORMAL BUSINESS: (A) Amendments to FY90 budget John Pattrseon said 1989 encumbrances, operating transfers paying architectural the FY90 budget should be amended to account for June 30, FY89 fund balance designations and to budget for those necessary to offset the costs of purchasing land and fees for the new library and community center. Jim Hawkins made a motion the amendments be approved as submitted. Wade Lnenicka seconded the motion which carried 6-0. November 20, 1989 meeting - continued (B) Validate signatures to annex property at Dixie Avenue and Hillside Drive Attorney Camp read the legal description for annexation of .5 acres at Dixie Avenue and Hillside Drive as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent (60%) of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia, said property being annexed being described as follows: All that tract or parcel of land lying and being in Land Lot 491 of the 17th District, 2nd Section, Cobb County, Georgia, and being known as Lots 15 and ... 16, Belmont Park Subdivision as per pla.t made by W. W. McCullock, Civ. Eng., November 1, 1927, a copy of which plat is recorded in Plat Book 3, Page 69, Records of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the corner formed by the northeastern side of Dixie Drive with the southerly side of Hillside Drive ru~ning thence southeasterly along Dixie Drive 100 feet to Lot 14 of said plat, thence easterly along the line dividing Lots 15 and 14 a distance of 200 feet to Lot No. 77, thence northwesterly along the west line of :c.ot 77, 100 feet to the southerly side of Hillside Drive, thence west alongc.he right of way of Hillside Drive 200 feet to the point of BEGINNING. This being the same property conveyed to Grantor herein by Warranty Deed dated April 16, 1979, executed by Joanne Hall and recorded in Deed Book 1994, Page 539, Cobb County Records. \iHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land described above: s/ROBERT C. DAVIS Kathy Jordan made a motion the signature be validated and the public hearing set for December 18, 1989. John Steely seconded the motion which carried 6-0. ... (C) Amendments to Sedimentation and Erosion Control Plan John Patterson said the Georgia Soil and Water Conservation Commission has amended the Erosion and Sedimentation Act of 1975 and all permitting authorities must adopt the revised plan in order to maintain certification. Bob Davis made a motion that the Sedimentation and Erosion Control Plan be amended by deleting Sections 19-1 through 19-10 of the Code of Ordinance and replacing with the revised sections. Jim Hawkins seconded the motion which carried 6-0. (D) Bid opening - lighting at Tolleson Park Bids for the lighting and recorded as follows: of Tolleson Park basketball courts were opened, read Wylie & Wylie, Inc. Lynn Lighting AAA Electrical Cont. $6,800 $6,720 $6,992 Bill Scoggins made a motion the bids be turned over to the Parks Committee for their recommendation back to full council December 4th. John Steely seconded the motion which carried 6-0. -- (E) Bid opening - truck chassis for 12 foot flat dump truck Bids for a new truck chassis for the Public Works Department were opened, read and recorded as follows: Fouts Brothers Days Chevrolet $27,767 No bid Kathy Jordan made a motion the bid be turned over to the Public Works Committee for review with a recommendation back to full council. Jim Hawkins November 20, 1989 meeting - continued seconded the motion which carried 6-0. (F) Bid opening - hot water steam cleaner Bids for a hot water steam cleaner for the Public Works Department were opened, read and recorded as follows: Zep Manufacturing Company $2,400 Wade Lnenicka made a motion the bid be turned over to the Public Works Committee for their recommendation back to council at the next meeting. Jim Hawkins seconded the motion which carried 6-0. ... (G) Bid opening - rescue truck for Fire Department Bids for the new Fire Department rescue truck were opened, read and recorded as follows: Days Chevrolet Ingram Truck Mfg. Co. Fouts Brothers no Did $11,993 (body only) $37,434 $34,973 (1988 model) Kathy Jordan made a rr~tion the bids be turned over to the Fire Committee for their recommendation back at the next meeting. Wade Lnenicka seconded the motion which carried 6-0. (H) Adoption of revised 1990 business license fee schedule Jim Hawkins made a motion the revised fee schedul be tabled to the December 4th meeting to give our local m(~rchants and businesses an opportunity to review the proposal. John Steely seconded the motion which carried 6-0. BID AWARDS: (A) Traffic study. ... Bob Davis bidder at Mr. Davis $15,000 to made a motion the traffic $14,863.25. Wade Lnenicka said Cobb County has also have this study completed. study be awarded to RBA Group, the low seconded the motion which carried 6-0. agreed to reimburse the City for up to (B) Vehicle for Community Developmen~ Bob Davis made a motion the bid for a Development department be awarded to Wade seconded the motion which carried 6-0. new vehicle in the Community Ford at $10,959. John Steely (C) Vehicle for utility Services Department Jim Hawkins made a motion the bid for a new vehicle for the utility Services Department be awarded to Days Chrc!vrolet the low bidder at $13,000. Wade Lnenicka seconded the motion which carried 6-0. (D) Vehicle for Fire Department Kathy Jordan made a motion the bid for a new vehicle in the Fire Department be awarded to Wade Ford for $14,129. Jim Hawkins seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. ... CONSENT AGENDA: (A) Approval to purchase property: 1255 Sunset Avenue ?-683/2685/2691 Fuller Street ::307/1309 W. Spring Street Jim Hawkins made a motion the consent agenda be approved. Kathy Jordan seconded the motion which carried 6-0. SHOW CAUSE HEARINGS: November 20, 1989 meeting - continued Circle K Convenience store, 1828 Spring Road Captain Ted Kirby of the Smyrna Police Department was sworn in along with Officer L. M. Wood, store Manager Shawn Gibson, Robert Smith (one of the minors charged with possession of alcoholic beverages), District Manager Curtis Moore, licensee Lloyd E. N. Hall and Attorney Larry White. Officer Wood stated that on November 1st he observed three males hiding behind bushes in a wooded area along Elmwood street. When he got out of his car they fled on foot, leaving a 12 pack of Old Milwaukee beer but were apprehended several minutes later. They were highly intoxicated and two of the males were 17 years of age and the other was a juvenile. Officer Wood said they admitted purchasing the beer from Circle K and also provided a description of the clerk who sold it to them. .... Captian Kirby said the two 17 year olds were issued citations for minors in possession and the 16 year old was turned over to the juvenile authorities. He then went back to the store where the clerk admitted selling to the young men. She was charged for selling to an underaged person and last week forfeited her bond in the amount of $200 in Smyrna Recorders Court. After hearing all testimony, Jim Hawkins made a motion the license be suspended for 30 days, effective at 12:01 a.m., November 21st. Bill Scoggins seconded the motion which carried 6-0. Mom & Pop's Family Food Store, 1687 Smyrna Roswell Road Clerk/owner Mohamedali S. Hudda was sworn in with the licensee, John Cory. Captain Kirby stated that on November 8th, he sent a 20 year old white male into Mom & Pop's Food Store where he purchased a six pack of Budweiser from Mr. Hudda, after checking the drivers license and thinking the date of birth was 1967 rather than 1969. Captain Kirby later entered the store and advised Mr. Hudda he had just sold to an underaged person and that a State warrant would be issued the same day. Captain Kirby said it was the first time to check this store and to his knowledge, there had been no complaints about them. Mr. Hudda said he did ask for identification but had left his glasses at home and after reading the date twice, thought the date of birth was 1967 instead of 1969. Mr. Hudda said it is his policy to always check identification, regardless of the age appearance. After further discussion, Jim Hawkins made a motion the license be suspended for 15 days since Mr. Hudaa did check the identification and felt he made an honest mistake. Bill Scoggins seconded the motion which carried 6-0. ..."" COUNCIL INPUT: Appreciation was expressed by everyone on council for the community involvement and outpouring of help, and for the outstanding job done by city employees following the plane crash last week. Special appreciation was given to John Patterson who coordinated rescue efforts with Cobb County, City of Marietta, Dobbins Air Force and others. Wade Lnenicka said Cobb County has approved an audit of the 1% Local Option Sales Tax money that was collected and they will make those results public. Mr. Lnenicka congratulated them for taking that step. John Steely reported that the Bennett Woods Garden Club would have their annual tour of homes December 3rd from 1:00 to 6:00 p.m., tickets $6 each. meeting adjourned at 8:58 p.m. ~ 19~;!/J-~ Ir&(A~ :A"~~ WAD LNEN . W RD 2 .... MAYOR BOB ~~.