City Council Minutes
Mayor, Patricia C. Vaughn
Council Members: Rosalyn Neal,Thomas Bevirt, Ra Barr, Al Thurman, Bob Farmer
Wednesday, October 1, 2008
Special Meeting

By Dawn R. Davis, City Clerk

1. Call to Order: The Mayor called the meeting to order at 7:10 p.m. Council Members present were Al Thurman, Ra Barr and Rosalyn Neal. Council Members Bob Farmer and Tom Bevirt were not present. Also present were City Attorney Richard Calhoun, City Manager Charles Nickerson, City Clerk Dawn Davis and Public Works Director Rodger Swaim.
2. Pledge of Allegiance: Boy Scout Troop #272 lead the Pledge of Alliegance to the Flag.
 Scout Ben Perkins, 5872 Trellis Court, Powder Springs asked the Council if they would explain what a Council Member does for the City. Each Council member explained their role as Council Member.
3. City Attorney
ORD 08-020: 2nd Rding, an ordinance to establish fees, related charges and policy changes for water and sewer services and to establish an effective date.
A. Richard Calhoun presented the 2nd Rding of ORD 2008-020 and opened a public hearing. Peter Richards, 4140 Westin Drive, Powder Springs, was present to speak to the Council on this matter. Mr. Richards expressed his concern about the increasing water rate. He stated that citizens reduced the amount of water consumption and now as a result the water and sewer rates are increasing.
 Mr. Swaim, Public Works Director, explained that the City purchases water from the Cobb/Marietta Water Authority. He also ex-plained that Cobb County is in the process of improving the infrastructure in order to be in compliance with the Federal Clean Water Act.
 Ra Barr stated that he had no choice but to vote for this rate increase because the City could not afford to absorb the increase.
 Al Thurman moved to approve, Ra Barr seconded, motion carried 3/0.
RES0 08-058
 A resolution authorizing the Mayor to execute a contract with Great Southern Publishers, Inc. to purchase advertising in The Cobb Atlas Map for an amount not to exceed $5,995.
B. The Mayor explained that this advertising was to help with economic development. She stated that this Atlas is used by businesses look-ing for areas to locate.
 Rosalyn Neal moved to approve, Ra Barr seconded, motion carried 3/0.
RES0 08-060: A resolution authorizing the Mayor to execute a contract with Mauldin & Jenkins, LLC to provide accounting services.
C. The Mayor stated that it had just come to the Council's attention that the City needed to help in order to prepare for the 2008 financial audit.
 Ra Barr made a motion to add RESO 08-060 to the agenda, Rosalyn Neal seconded, motion carried 3/0. Al Thurman made a motion to approve RESO 08-060, Ra Barr seconded, motion carried 3/0.
4. City Manager: 20081001: Appointment of Lynn Edwards as Interim Finance Director
A. Mr. Nickerson stated that the City's Finance Director, Janet Camburn, had recently resigned and there was a need to appoint an interim director. He recommended that Lynn Edwards, who had previously worked for the City as the Finance Director, be appointed as Interim Finance Director.
 Rosalyn Neal moved to approve Lynn Edwards as Interim Finance Director, Ra Barr seconded, motion carried 3/0.
5. Adjournment
Rosalyn Neal made a motion to adjourn the meeting, Al Thurman seconded, motion carried 3/0. Meeting adjourned at 7:45 p.m.

Volume #15, Issue # 14 - October/November Issue 2008 of The Powder Springs Messenger Newspaper - City Council Minutes

Powder Springs City Council Minutes
Meeting Held: Monday, October 6, 2008

Dawn R. Davis, City Clerk

1. Call to Order: The Mayor called the meeting to order at 7:06 p.m. All Council Members with the exception of Bob Farmer were present. Also present were City Attorney Richard Calhoun, City Manager Charles Nickerson, City Clerk Dawn Davis, and Chief Rick Richardson.
2. Invocation and Pledge of Allegiance: Al Thurman gave the invocation and the Mayor led the Pledge of Alliegance.
3. Approval of Minutes: September 15, 2008 Regular City Council
A. Al Thurman made a motion to approve, Rosalyn Neal seconded, motion carried 4/0.
October 1, 2008 Special Meeting
B. Ra Barr moved to approve minutes at the 10/20/2008 City Council Meeting, Rosalyn Neal seconded, motion carried 4/0.
4. Mayor's Comments: Mayor Vaughn asked everyone to keep Council Member Farmer in their prayers that his sister-in-law had passed away last week.
 The Mayor said that she and several Council Members had attended the Public Safety Appreciation breakfast held at the Cobb Chamber of Commerce. She stated that the City had a nominee for Officer of the Year. Officer Jeff Hogan had saved a life of a McEachern student who was choking.
 Mayor Vaughn asked for a motion to approve Shirley Paxon to serve on the Ford Board of Directors for a two year term. Rosalyn Neal made the motion to approve, Ra Barr seconded, motion carried 4/0. The Mayor administered the Oath to Ms. Paxon.
Proclamation for Public Safety Week
A. The Mayor presented Chief Richardson with a proclamation for Public Safety Week. Chief Richardson thanked that Mayor and Council and stated that he was accepting on behalf of our 45 sworn police officers, the local men and women who were firemen and EMS workers.
5. Citizens Comments: No one signed up to speak.
6. City Attorney
Consent Agenda: Richard Calhoun presented the Consent Agenda. He opened public hearings on Items E, H & I. Mayor Vaughn read the stipula-tions to David Austin for Item H. and Mr. Austin stated that he agreed with the stipulations. She then read the stipulations to Wayne Blackstone for Item I and he also stated that he agreed. No one else spoke for or against items E, H & I. Mr. Calhoun closed the Public Hearing.
RES0 08-059: A resolution authorizing the investment of City funds through the Local Government Investment Pool.
A. RES0 08-060: A resolution authorizing the Mayor to execute a contract with Mauldin & Jenkins, LLC to provide accounting services.
B. RES0 08-061: A resolution authorizing the Mayor to execute the attached lease supplement under the GMA Direct Leasing Program for a Cater-pillar 287C Skid Steer Loader; to designate such lease as a Qualified Tax-Exempt Obligation.
C. RES0 08-062: A resolution waiving a hearing before the Planning and Zoning Commission of the City regarding the proposed text amendments to the Unified Development Code as outlined in ORD 2008-016.
D. ORD 08-017: 2nd Rding, an ordinance to adopt a fee for building plan review.
E. ORD 08-022: 2nd Rding, an ordinance to require submittal of an affidavit by applicants for business license, occupational tax permits or other permits issued under Chapter 12 of the Code of Ordinances; to prohibit issuance of such licenses and permits to anyone not a citizen of the United States, a Legal Permanent Resident or a Qualified Alien
F. ORD 08-023: 2nd Rding, an ordinance to adopt an amended fine schedule; to evidence the approval and adoption of said amended schedule by the Chief Judge and Clerk of the City's Municipal Court; to repeal ordinances; resolutions and schedules in conflict therewith; and for other pur-poses.
G. PZ-08-054: Special Use - Mobile Food Service Vendor, David Austin/Gasan Awad, 4113 Austell-Powder Springs Road, Land Lot 946, Ap-proval with the following stipulations:
1. That the approval shall expire in 1 year and the applicant shall reapply for Special Use Approval.
2. That the hours of operation shall be limited to 11:00 a.m. to 10:00 p.m., Wednesday through Thursday and from 11:00 a.m. to 11:00 p.m. on Friday and Saturday.
3. That the trailer be located behind the bollards and a minimum of 10 feet from the front (west) and interior side (south) property lines.
4. That annual approval from the Cobb County Health Department be received indicating compliance with health code regulations prior to renewal of a business license.
5. That proper on-site queuing for vehicles be provided.
6. That the trailer be stored and maintained off site at 2535 Powder Springs Road.
7. That a temporary event permit be required prior to relocation from the subject property to any other property within the City.
8. Violation of the conditions of approval will render the approval null and void and the business license revoked.
H. PZ-08-055: Wayne Blackstone, et.al., Land Lot 973 and 974: Change in conditions of rezoning for properties located at 4200 Steeplechase Dr, 4251 Brownsville Rd, 4261 Brownsville Rd & 4325 Brownsville Rd
Approval with the following stipulations:
1. That the application be subject to the stipulations approved by Mayor and City Council on March 3, 2008.
2. That demolition of the structures located at 4261 Brownsville Road be completed within 120 days from date of approval by the Mayor and City Council.
I. Mr. Bevirt made a motion to remove Item H from the Consent Agenda. The motion died for lack of a second.
 Al Thurman moved to approve the Consent Agenda as presented, Rosalyn Neal seconded, motion carried 3-1 (Tom Bevirt opposed)
AL-08-005: Public Hearing, Alcohol License, David Evert Schotte, Little William Restaurant Group dba Aljanos Restaurant and Pizzeria
J. Mr. Calhoun opened the public hearing. The applicant, David Schotte was present. Mr. Schotte stated that he was the new owner of the restau-rant and that he needed to have the license transferred into his name. He stated that he served very little alcohol and never served alcohol to anyone who was not eating. Mr. Bevirt asked if he was aware of the City's no tolerance position on serving alcohol to a minor.
 Mr. Schotte stated that he was aware and that his staff has been instructed to card everyone under the age of 30. Mr. Bevirt suggested that Mr. Schotte send his staff to the Cobb County alcohol course. Mr. Schotte stated that he had attended the course and would consider sending his other staff.
 Tom Bevirt made a motion to approve, Rosalyn Neal seconded, motion carried 4/0.
PH 08-1006 - Public Hearing, Capital Improvements Element Update
K. Tom Bevirt made a motion to table the public hearing until the November 3, 2008 City Council Meeting. Ra Barr seconded, motion carried 4/0.
ORD 08-016 - 1st RDING, An ordinance to amend the Unified Development Code
L. Richard Calhoun presented the first reading. The second reading will be on October 20.
7. City Council Reports
 Rosalyn Neal: Ms. Neal stated that she was proud of Jeff Hogan and of all of the Powder Springs Officers. She also thanked Ms. Shirley Paxon for volunteering to serve on the Ford Board of Directors.
 Tom Bevirt: Mr. Bevirt recognized Mr. Wade Ash, he stated that Mr. Ash had been the first chairman of the Ford Board as well as having served as a Council Member.
 Ra Barr: Mr. Barr congratulated Sgt. Hogan for being nominated for Officer of the Year. He also thanked Ms. Paxon for volunteering.
 Al Thurman: Mr. Thurman also congratulated Sgt. Hogan and thanked Ms. Paxon for volunteering.
 The Mayor also reminded everyone of the Seven Springs Festival on October 18, 2008 from 10:00 a.m. through 6:00 p.m. She said that staff has worked very hard for the festival.
8. City Manager
9. Adjournment: Ra Barr made a motion to adjourn, Al Thurman seconded, motion carried 4/0. Meeting adjourned at 7:45 p.m.

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Volume #15, Issue # 13 - October Issue 2008 of The Powder Springs Messenger Newspaper - City Council Minutes

City Council Minutes - City of Powder Springs
Mayor, Patricia C. Vaughn
Council Members: Rosalyn Neal,Thomas Bevirt, Ra Barr, Al Thurman, Bob Farmer
Meeting Held: Monday, August 18, 2008

By Dawn R. Davis, City Clerk

1. Call to Order: The Mayor called the meeting to order at 7:15PM. All Council Members were present, also present were City Manager Charles Nickerson, City Clerk Dawn Davis, City Attorney Richard Calhoun, Police Chief Rick Richardson, Interim Finance Director Andy Schival and Special Projects Coordinator Tina Garver.
2. Invocation and Pledge of Allegiance: Rosalyn Neal gave the invocation and the Mayor led the Pledge of Allegiance.
3. Approval of Minutes for 7/21/08 Regular City Council Meeting
 Ra Barr requested that an item be added to the minutes. He stated that after the vote was taken on Ms. Shevawn Carter's Show Cause Hearing that the Mayor apologized to Ms. Carter for the previous action taken by the Council without understanding the reason she did not appear at her first Show Cause Hearing.
4. Mayor's Comments: Mayor Vaughn apologized for the late start to the meeting. She stated that Channel 46 News had requested a short interview with her to discuss the heavy rains that were being predicted and any plans the City had made in order to handle the excessive rain.
 The Mayor stated that there would be a SPLOST III meeting at the Ford Center on August 26, 2008 at 7:00 p.m.
 Re-appointment, Cheryl Sarvis and Cindy Campbell, Ford Board of Directors
a. Rosalyn Neal made a motion to re-appoint Cheryl Sarvis and Cindy Campbell to a two year term on the Ford Board of Directors. Bob Farmer seconded, motion carried 5/0. Ms. Sarvis and Ms. Campbell were not present and will be administered the Oath at the next Ford Board Meeting.
Proclamation for National Payroll Week
b. Pam Stokely of the Metropolitan Atlanta Payroll Association was present to receive a proclamation for National Payroll Week. National Payroll Week is the first week in September. The Mayor thanked Ms. Stokely for all the hard work payroll professionals do in order to in-sure we are paid correctly.
RESO 08-055: A resolution authorizing the Mayor to execute a Memorandum of Agreement and a Memorandum of Understanding and any other document necessary to participate in the Systematic Alien Verification Entitlements (SAVE) Program in compliance with the Georgia Security and Immigration Compliance Act; to adopt necessary amendments to the Code of Ordinances in compliance with federal and state statues regarding immigration verification.
5. Bonnie Heptinstall, 4352 Akins Ridge Lane, Powder Springs presented the Council with a petition for speed breakers in the Akins Ridge Subdivision. She stated that the signatures were obtained by the Akins Ridge Homeowners Association because they were concerned about people speeding in their subdivision. She stated that they were requesting that the City install speed breakers in the subdivision.
 Mayor Vaughn asked Chief Richardson what is the procedure have speed bumps installed and whether or not this is a budgeted item. Chief Richardson stated that he and the Public Works Director, Rodger Swaim had met with the residents and were considering a couple of options. He stated that one of the options is to install portable speed breakers. Mayor Vaughn stated to Mr. Nickerson that the Mayor and Council will need to discuss this issue and the associated costs. Mr. Nickerson said that he had told the representatives for the neighborhood that the City would have to check on design standards for speed bumps as well as obtain the costs for portable speed breakers.
 Mr. Thurman asked Chief Richardson if the Police Department was monitoring the situation. Chief Richardson stated that they are doing all they can but since this is a small neighborhood the Police were limited on how they can monitor other than through visibility.
6. City Attorney - Consent Agenda
 Richard Calhoun stated that the Council had requested that Item C (RESO 08-048) be removed from the agenda. Rosalyn Neal made a motion to remove Item C from the agenda, Ra Barr seconded, motion carried 5/0. Item C was removed from the agenda.
 Mr. Calhoun opened a public hearing for Item F (PZ-08-046), no one was present to speak for or against this agenda item.
ORD 08-019
2nd Rding, an ordinance to amend Section 8-24, of the Code of Ordinances, Effect of Delinquencies on Licenses.
a. RES0 08-046: A resolution authorizing the Mayor to execute a contract with ENR Pipeline Inc. for the purposes of raising manholes lo-cated throughout the City.
b. RES0 08-048: A resolution approving a Safety Policy and Procedure Manual for the City of Powder Springs and authorizing the City Manager to immediately distribute same to employees.
c. RES0 08-049: A resolution authorizing the Mayor to execute the attached Indemnity Agreement for the Marietta Antique Street Festival.
d. PZ-08-051
Certificate of Appropriateness
Wall sign for Ginny Lou Creations, LLC - 4467 Marietta Street, Suite B. LL 875
Approval with stipulations:
1) That the approval of the plans of the same be substantially in accordance with the photograph dated 07/30/08.
2) That the tenant apply and pay for a temporary sign permit within 15 days of said approval.
3) That the tenant apply and pay for a sign permit within 15 days of the conclusion of the sign moratorium.
4) That the pink on the 32 sf. sign be changed to purple to be consistent with the cantilever sign.
e. PZ-08-046
Special Exception Variance-front setback - Cynthia and Robert Johnson - 3727 Old Lost Mountain Road - Land lots 876
f. P-08-06PD: Purchase of two (2) Harley Davidson Road King motorcycles for $13,798 each.
g. P-08-07PD: Purchase of Security Access/Time Attendance Software for $8,238.
h. P-08-08PD: Purchase of Police Central Software for $34,820.
i. P-08-09PD: Purchase of Police Department Camera Security System for $12,000.
j. ORD 08-018: 3rd Rding, Public Hearing & Adoption of Millage Rate for 2008
k. Mr. Calhoun read the ordinance and opened the public hearing, Andy Schival, Interim Finance Director, was present and explained that the Millage Rate would remain at 8.5 mils. No one else spoke for or against this agenda item. Mr. Calhoun closed the public hearing.
PZ-08-047 - Rezoning from MDR to LRO - Edith Page-Gude - 3710 Lynn Drive - LL 828
l. Mrs. Page-Gude was present and addressed the Council. She stated that she was requesting that her applications be tabled until the No-vember 3, 2008 City Council Meeting. Ms. Page-Gude explained that she needed time to address issues stated by the Planning and Zoning Commission.
PZ-08-048 - Special Use Approval for group personal care home - Edith Page-Gude - 3710 Lynn Drive - LL 828
m. Item tabled by Council until 11/3/08. See Agenda Item L.
PZ-08-049: Special Use Approval for group personal care home - Paul Lee/Tiny Investments - 4041 Austell-Powder Springs Road - LL 905
n. Mr. Calhoun opened the public hearing for both agenda items N (PZ-08-049) and O (PZ-08-050). Mr. Paul Lee and Mr. Mark Lee were present and explained to the Council that they were proposing building an assisted living facility.
 Mr. Thurman asked how many people this facility would house. Mr. Paul Lee stated there would be sixteen units and that no doctors or nurses will be on site. Mr. Lee further explained that there will be 10 single rooms and 6 double rooms for a total of twenty-two individuals living in the facility. Mr. Lee said that the construction on this facility should begin in about three months and that it would take approxi-mately six months to construct.
 Mr. Bevirt inquired if they would be willing to commit to a completion date. Mr. Paul Lee stated that the building should be completed by June 2009. Mr. Bevirt asked if he was willing to add this to the stipulations. Mr. Mark Lee stated that this was a year long project and there were many state regulations that they needed to comply with before they can open the facility. Mr. Bevirt expressed concern that land is being cleared and nothing is subsequently built. Mr. Paul Lee stated that he will have this facility on the ground by 12/2009 and would be willing to add that to the stipulations.
 The Mayor commented that this was a very nice facility.
 Mr. Farmer expressed concern that the facility would have security to insure that residents do not wander off the premises. Mr. Lee stated that he would have electronic security for all the exterior doors as well as cameras on the exterior doors that would be monitored.
 There was considerable discussion on the parking at this facility. Paul and Mark Lee both stated that they were satisfied with the reso-lution to their parking issues as stated by the Planning and Zoning Commission.
 Mr. Calhoun asked if there was anyone present to speak in opposition. No one came forward.
PZ-08-050: Variance of landscape buffer, front and rear setbacks, and to allow more parking than permitted for congregate personal care home Paul Lee/Tiny Investments - 4041 Austell-Powder Springs Road - LL 905
7. City Council Reports
a. Tom Bevirt: Mr. Bevirt did not have a report.
b. Bob Farmer: Mr. Farmer congratulated the police department for
apprehending the individuals responsible for 35 vehicle break-ins in the City.
c. Rosalyn Neal: Ms. Neal expressed her thanks to Cheryl Sarvis and Cindy Campbell for continuing to serve on the Ford Board of Direc-tors.
d. Al Thurman: Mr. Thurman stated that he had attended the "Back to School Bash" at the Ron Anderson Recreation Center.
e. Ra Barr: Mr. Barr also thanked Ms. Sarvis and Ms. Campbell for their service. He also expressed his appreciation to the Police Depart-ment. Mr. Barr also remarked about the Atlanta Journal and the Marietta Daily Journal both having articles about the Quilt Trail.
8. City Manager
Appointment of Finance Director
a. the City's Finance Director to begin on September 2, 2008. He said that Mr. Schival has been the interim since last October and appreci-ated all that he has done for the City. Mr. Nickerson reviewed Ms. Camburn's qualification with the Council. He said that she has many years of municipal finance experience and is currently the Assistant Finance Director for Peachtree City.
9. Adjournment
 Rosalyn Neal made a motion to adjourn, Tom Bevirt seconded. Motion carried 5/0.
 Meeting adjourned at 8:30 p.m.

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Volume #15, Issue # 12 - September/October Issue 2008

City Council Minutes
Mayor, Patricia C. Vaughn
Council Members: Rosalyn Neal,Thomas Bevirt, Ra Barr, Al Thurman, Bob Farmer
Meeting Held: Monday, July 21, 2008

1. Call to Order
The Mayor called the meeting to order at 7:10 PM. All Council Members were present. Also present were City Attorney Richard Calhoun, City Manager Charles Nickerson, City Clerk Dawn Davis, Chief Rick Richardson, Interim Finance Director Andy Schival, IT Manager Bob Cillo, Detective Cadwell, Det. Marcus and Sgt. Davis.
2. Invocation and Pledge of Allegiance
 Al Thurman gave the invocation and Mayor Vaughn led the Pledge of Allegiance.
3. Approval of Minutes
 Bob Farmer made a motion to approve the minutes from the June 16, 2008 Regular City Council Meeting and the July 16, 2008 Special Meeting, Ra Barr seconded, motion carried 4/0 (Al Thurman abstained since he was absent from the 6/16/08 meeting)
4. Mayor's Comments
 Mayor Vaughn thanked all the staff who worked hard to make the 4th of July celebration a success. She extended a special thank you to Kim Peterson, Celeata Williamson and all of the Police Department and Public Works. She said that this was one of the most successful celebra-tions.
 The Mayor reminded everyone that the Council would be meeting on their summer schedule for August and September (3rd Monday).
 Mayor Vaughn recognized Woody Thompson, candidate for the District 4 Commissioner. Mr. Thompson encouraged people to vote in the runoff election on August 5, 2008 and appreciated all who came out to vote in the July primary.
5. Citizens Comments
 No one signed up to speak.
6. City Attorney - Consent Agenda - ORD 08-012 2nd RDING, an ordinance amending Section 10-72 of the Code of Ordinances by adopting and incorporating therein certain rules and regulations of the Cobb County Board of Health.
A. ORD 08-013: Public Hearing & 2nd RDING, an ordinance to amend Chapter 12 of the Code of Ordinances by: (i) repealing Article III thereof relating to pawnbrokers; (ii) adding a new article III relating to taxation, revenue and business license regulations; (iii) revising certain definitions of the Occupation Tax Ordinance set forth at Section 12-160.
B. ORD 08-019: 1st Rding, an ordinance to amend Section 8-24, of the Code of Ordinances, Effect of Deliquencies on Licenses,
C. RES0 08-038: A Resolution accepting a bid and authorizing the Mayor to execute a contract with Butch Thompson Enterprises for the New Macland Road sidewalk and bridge repair services for a total cost not to exceed $29,697.
D. RES0 08-039: A Resolution authorizing the Mayor to execute a letter of assignment in favor of SAFEbuilt, Inc. for the provision of inspection services.
E. RES0 08-040: A resolution authorizing the City of Powder Springs to accept a donation of real property and to authorize the Mayor to execute closing documents related to the donation.
F. RES0 08-042: A Resolution accepting a bid and authorizing the Mayor to execute a contract with Tippins Contracting Company, Inc., for water and sewer utility infrastructure relocation services in the construction area of the new Lewis Road Project for an amount not to exceed $512,160.25.
G. RES0 08-043: A Resolution implementing a temporary moratorium on signs, exclusive of temporary signs, in order to allow the City time to study existing sign ordinance(s), and, as deemed necessary, to (i) amend the current sign ordinance(s) or (ii) draft and adopt new sign ordi-nances(s); to establish an effective date; and for other purposes.
H. RES0 08-044: A Resolution authorizing the Mayor to execute a lease agreement with Thomas F. Yeager, Barry L. Yeager, Elizabeth A. Biggs d/b/a Town Square Associates concerning the rental of temporary office space located at 4488 Pineview Drive, Powder Springs, GA. 30127 for the Court Services Department.
I. PZ-08-028: Hardship Variance - Minimum Lot Size - Butch Davis - 182 Old Austell Road
LL 946 - Stipulations:
1. That the applicant apply for design review of the proposed office building in accordance with the Commercial Development Overlay stan-dards within 30 days of the hearing at which approval of any variance is granted.
2. That the applicant apply for a building permit within 30 days of approval of design review.
3. That the temporary shed be removed within 120 days from the date of the hearing at which approval of the variance is granted.
J. PZ-08-044 - Design review - Commercial Development Overlay - Butch Davis - 4182 Old Austell Road
LL 946 Stipulations:
1. That the plans be substantially in accordance with the rendering and floor plan submitted for staff review entitled "Office building for John Davis 4182 Old Austell Road" preparer unknown. All pages dated received 05-27-08.
2. That the building comply with all setback requirements of the UDC.
3. That the exterior of the proposed building use cementitious or wood siding and that the columns of the proposed building be made of wood.
4. That the shingles of the proposed building be grey, black, or other dark earth tone color to compliment the overall color scheme of the building.
5. That the building be painted with an earth tone color and the trim be painted in bone, white or other soft earth tone color complimenting the building.
6. That a building permit be applied for within 30 days of the hearing at which approval by Mayor and City Council is granted and that con-struction is completed by December 31, 2008.
7. That landscaping be installed on the property consistent with requirements of Article 5 and in accordance with the Commercial Develop-ment Overlay by December 31, 2008.
8. Any development of the site must comply with the Commercial Overlay standards.
9. Building permit to reflect conditions.
K. Mr. Calhoun presented agenda items A through K. He opened a public hearing for Ordinance 2008-13, no one spoke for or against this agenda item.
Mayor Vaughn asked if there was any discussion on any of the Consent Agenda items. Mr. Barr made a motion to have Item F (Resolution 2008-040, donation of real estate, removed from the consent agenda. Rosalyn Neal seconded, motion carried 4/1 (Al Thurman was opposed)
 Tom Bevirt made a motion to approve the Consent Agenda (with Item F removed), Ra Barr seconded, motion carried 5/0.
PZ-08-039 - Rezoning- NRC to CRC - Powder Springs Retail Investors, LLC - Kathy Circle and Richard D. Sailors Parkway - LL 800 and 829
L. Mr. Calhoun opened the public hearing, Melissa Haisten of the law firm Sams, Larkin and Huff, LLC., represented the applicant. She stated that this was a 9.38 acre tract of land that had access to both Home Depot and the Auto Zone. She said that this tract was rezoned in 2006 from LRO to NRC and all stipulations for that rezoning would be carried forward with this rezoning request. She stated that this request was because the applicant wanted to be able to sell alcohol. She stated that several businesses are interested in locating in this location but not under the cur-rent NRC zoning. Ms. Haisten said that a movie theater which served food and alcoholic beverages, a wine and spirits store as well as a karate studio and a learning center were all interested in this location.
 Mr. Farmer stated that this was the first time he had heard that a learning center for children would be located in this shopping center. He said that he did not think this would meet with the new zoning request. Ms. Haisten stated that it would be a tutoring center, like a Sylvan Learning Center. Mr. Farmer said that he did not think children should be that close to alcohol. He said that he just wanted to be clear as to his opinion on the issue. Ms. Haisten stated that she thought that this would be an appropriate location for a learning center.
 Mr. Calhoun closed the public hearing.
 Rosalyn Neal made a motion to approve with the following stipulations:
1. That the plans be substantially in accordance with the plans submitted entitled "Powder Springs Crossings for Powder Springs Retail In-vestors, LLC" dated received 05-23-08. Except as herein modified to reduce the number of parking spaces to comply with Article 6 of the UDC and to comply with the landscape requirements of Article 5 of the UDC.
2. That the uses indicated in Exhibit A attached to this application dated received 05-23-08 shall be prohibited and certain other uses be per-mitted upon Mayor and City Council approval of a Special Use Application Another prohibited use will be learning centers.
3. That a lighting plan be submitted to staff for review prior to issuance of a building permit. Attention shall be given to light spillage along the rear (north) and interior side (west) property lines.
4. That a cross access agreement/easement be recorded sharing access with the properties immediately to the east as shown on the above refer-enced site plan.
5. That all previous stipulations except as herein modified remain in full force and effect.
 Ra Barr seconded, motion carried 5/0.
PZ-08-031 - Special Use Approval for alcoholic beverages within a movie theater - Powder Springs Retail LLC. Kathy Circle and Richard D. Sailors Parkway - LL 800 and 829
M. Mr. Calhoun opened the public hearing. Ms. Haisten was present to represent the applicant. She stated that this theatre was in the same loca-tion as the previous application. She stated that this would be a movie and dinner theater. Ms. Haisten said that people will be able to have dinner with table seats and eat while watching a movie. She stated that customers would pick up their food and carry to the theater, there would not be any table service. Ms. Haisten explained that the applicant was a national chain and they were requesting to be allowed to sell alcohol. She agreed to of the hours operation and expiration of the special use application.
 Mr. Bevirt asked what precautions the owners will put into place to ensure they don't sell alcohol to a minor. Ms. Haisten stated that em-ployees will undergo extensive training and that customers under 40 years of age will have to present their identification. Mayor Vaughn re-minded Mr. Bevirt that this was not an alcohol license hearing and that the applicant would have to come back before the Council for that ap-proval.
 Mr. Calhoun asked if there was anyone who wanted to speak against this application, no one came forward. Mr. Calhoun closed the public hearing.
 Ra Barr made a motion to approve with the following stipulations:
1. The SUA shall terminate upon the expiration of the initial lease of the subject property,including any extensions or renewals hereof, or upon such earlier mutual or unilateral termination of the lease, (or extensions or renewals) by the parties thereto."
2. That the hours of operation for the movie theater be from 10:00 am to 2:00 am Monday through Sunday Morning and 10:00 AM to 1:00 AM on Sunday.
3. That alcohol may be served or sold from 10:00 AM to 1:00 AM Monday through Sunday morning and from 12:30 PM to 10:00 PM on Sundays. Sundays sales are permitted only upon approval of a Sunday Sales permit granted by the Mayor and City Council.
4. That the applicant acknowledge the requirement that at least 50% of its food and beverage business shall be from the sale of prepared foods.
5. Violation of the conditions of approval will render the approval null and void and subject applicant to code enforcement action for violation of conditions of approval as well as operating a business without a license, in which case the license would be subject to revocation of and the use discontinued.
6. "No Loitering" signs are to be posted.
 Rosalyn Neal seconded. Motion carried 5/0.
PZ-08-038 - Special Use Approval for Wine & Liquor Store - Powder Springs Retail LLC. LL 800 and 829 - 1050 Richard D. Sailors Pkwy Ste. 1000 and 1100
N. Ms. Haisten asked the Council if Item V on the agenda (Alcohol License for Robert Smallwood) could be combined with this hearing since it was the same applicant. Mr. Calhoun stated we could combine the hearings. He proceeded to open the public hearing for agenda Item N and Item V. Ms. Haisten also represented this applicant. She stated that this was in the same location and would be an upscale store. Ms. Haisten explained that Mr. Smallwood had committed to have 50% of his store dedicated to wine sales. She said that they had reviewed the stipulations and agreed with them.
 Mr. Calhoun asked if there was anyone present to speak against this application. No one came forward. Mr. Calhoun closed the public hearing.
 Mr. Bevirt asked Mr. Smallwood if he was aware of the City's no tolerance for alcohol violations and asked what he would do to ensure that he did not have any violations. Mr. Smallwood stated that he will personally monitor and will check identification of all customers. Mr. Bevirt encouraged Mr. Smallwood to send all of his employees to the alcohol workshop. Mr. Smallwood stated that he had already attended the course. Mr. Bevirt asked what type of cash register he was planning to use. Mr. Smallwood stated that he was researching cash registers and was inter-ested in purchasing one which required that the date of birth be entered before the sale could be completed. Mr. Smallwood stated that he under-stood the importance of monitoring. Mr. Bevirt also stated that the City did not allow single can purchases out of a tub. Mr. Smallwood agreed to not allow that type of sale.
 Rosalyn Neal made a motion to approve with the following stipulations:
1. The SUA shall terminate upon the expiration of the initial lease of the subject property,including any extensions or renewals thereof, or upon such earlier mutual or unilateral termination of the lease, (or extensions or renewals) by the parties thereto."
2. That the hours of operation be from 10:00 am to 10:00 pm, Monday through Thursday, and from 10:00 am to 11:45 pm, Friday and Satur-day. No sales are permitted on Sundays, Thanksgiving Day or Christmas Day.
 Al Thurman seconded, motion carried 5/0.
PZ-08-032 - Rezoning-Change in Site Plan and Conditions of Zoning - Asa Candler/Candler Development Co. - Florence Road extension, Flor-ence Road, and CH James Parkway - LL 804, 805, 824, and 825 - Revised - 07-03-08
O. Mr. Calhoun opened the public hearing. Mr. Asa Candler was present. Mr. Calhoun asked if there was anyone present in opposition to this application. No one came forward. Mr. Candler explained that he was requesting a change in the rezoning conditions because he planned to build a 4 story senior living facility. He said that only persons 55 and older would be allowed to rent an apartment. Mr. Candler explained that this facility differed from apartments because of the sound proofing between units and that there would be a meeting area on each floor, a TV room, dance studio and sauna. He said food services would be on the bottom floor. Mr. Candler stated that seniors would be able to purchase whatever services they desired.
 Mr. Candler further explained that he planned to build retail on the front of the site with office space over the retail before beginning the senior apartments. Mr. Bevirt asked why Mr. Candler would not start on the senior living facility first and Mr. Candler stated that financing was easier to obtain on retail. He continued to explain that it would cost approximately 20 million dollars to build the senior facility. Mr. Bevirt in-quired what would happen if he could not get financing. Mr. Candler explained that there is a need for this kind of project and he did not plan to have any problem obtaining the financing.
 Mr. Thurman asked Mr. Candler if he was planning to build out the retail portion or the site or if the building of the second building would be dependent on the market. Mr. Candler stated that the front part of the retail will be built right away but until he leased that property, he would not start the second phase of the retail. He continued to explain his plan was to rent to retail on the ground floor and office space on the top floors. Mr. Candler stated that he would be obtaining the architectural drawing for the senior facility while he was building the retail. He hoped to have the senior living facility started within six months to a year.
 Mr. Barr stated that he visited a similar senior living facility on Pleasant Hill Road (Sweetwater Terraces) and was impressed with the out-side appearance of the property. Mr. Barr expressed a concern of how a four story building would look on a flat piece of land. Mr. Candler stated that the original zoning his planned to build 4 story buildings. Mr. Candler continued to say that they were considering sloping pieces of the site so the facility would look nice on the property. Mr. Bevirt asked if this would be a gated community and Mr. Candler stated that was his plan.
Mr. Thurman asked Mr. Candler what his plan would be if he was not able to obtain the DOT right-of-way. Mr. Candler stated that this project was not contingent on receiving the right-of-way; but, that he was very optimistic the right-of-way will be approved.
 Rosalyn Neal made a motion to approve with the following stipulations:
1. That the plans be substantially in accordance with the site plan presented to staff entitled "Oasis at Powder Springs" prepared by CNNA Architects, Inc. and consisting of one sheet dated 07-16-08, except as herein noted that proper site development, landscape and construction drawings be presented in full compliance with all UDC requirements.
2. That setbacks be reviewed by the Fire District and the Public Works Department to allow for safety and utility infrastructure.
3. That the overall density be limited to a maximum of 20.97 units per acre.
4. That a streetscape improvement plan be submitted for staff review to include seating areas, pedestrian walkways and connections, street furniture, and landscape treatments.
5. That a cross access/cross parking agreement be submitted for staff review and approval prior to issuance of a land disturbance permit.
6. That a minimum of 70% of the front facade of the age restricted facility be brick & stone.
7. That a minimum of 50% of the elevations with the exception of the front facade of the age restricted facility be brick.
8. That the use of stucco is strictly prohibited.
9. All exterior facades of all buildings shall be brick on all four sides, except the age restricted facility.
10. Entrance signage for the proposed development shall be ground based, monument style.
11. That the design of all dumpster enclosures be made of brick and consistent with the architectural design of the development.
12. Dumpsters shall have rubber lids and bumpers to minimize noise during emptying. Dumpsters shall not be emptied earlier than 7:00 am and no later than 10:00 pm.
13. Applicant agrees lighting for the proposed development shall be environmentally sensitive, recessed, shoe-box style lighting with dark bronze or similar posts not to exceed 40' in height from adjacent grade or crown of the road whichever is less, said lighting shall be designed to prevent outward beams and all lighting shall be kept within the bounds of the proposed development.
14. That the 40 unit phase 2 component of the age restricted community be eliminated and remain open space if not constructed within 5 years.
15. That the each residential unit be a minimum of 690 square feet and above as indicated in the "Silver Comet Village" proposal date received 05-06-08.
16. That the development provide for community amenities, including but not be limited to, a fitness center; card and game room; multi-purpose Atrium for dining, parties and special events; day lounges and/or sun rooms on each floor of the residential building; activity room; well-ness center; chapel (mediation center); country kitchen for community functions; library, business center and conference rooms; resident storage spaces; and bicycle storage.
17. That the applicant provide pedestrian connections from the proposed commercial development to the Silver Comet trail.
18. That the architectural renderings and elevations be presented for Mayor and City Council prior to issuance of a building permit.
19. Owner and applicant represent and agree as a condition of zoning, that at no time shall more than 20 percent of the living units located on that portion of the subject property designated as "senior living" on that certain site plan dated 7/16/08, be occupied by "persons of low or mod-erate income" as defined in 42 USC section 5302."
20. That all previous conditions granted by Mayor and City Council on August
21. 2006 be in full force and effect except, as herein modified.
22. Age restricted or senior living is limited to 55 years of age or older and as used herein will be deemed as being synonymous.
 Bob Farmer seconded, motion carried 4/1 (Tom Bevirt opposed).
PZ-08-045 - Variance for Density - Asa Candler/Candler Development Co. - Florence Road extension, Florence Road, and CH James Parkway
LL 804, 805, 824, and 825
P. Mr. Calhoun opened the public hearing. Mr. Candler stated that the purpose of the density request was to accommodate the four story building. He said that this site is 20 acres in total, both sides of the Richard Sailors Parkway extension. He further explained that this was consistent with the mixed use zoning. He said with the MXU zoning you need to have a village community effect which requires more density.
 Ra Barr made a motion to approve with the following stipulations:
1. That the plans be substantially in accordance with the site plan presented to staff entitled "Oasis at Powder Springs" prepared by CNNA Architects, Inc. and consisting of one sheet dated 07-16-08, except as herein noted that proper site development, landscape and construction drawings be presented in full compliance with all UDC requirements.
2. That setbacks be reviewed by the Fire District and the Public Works Department to allow for safety and utility infrastructure.
3. That the overall density be limited to a maximum of 20.97 units per acre.
4. That a streetscape improvement plan be submitted for staff review to include seating areas, pedestrian walkways and connections, street furniture, and landscape treatments.
5. That a cross access/cross parking agreement be submitted for staff review and approval prior to issuance of a land disturbance permit.
6. That a minimum of 70% of the front facade of the age restricted facility be brick & stone.
7. That a minimum of 50% of the elevations with the exception of the front facade of the age restricted facility be brick.
8. That the use of stucco is strictly prohibited.
9. All exterior facades of all buildings shall be brick on all four sides, except the age restricted facility.
10. Entrance signage for the proposed development shall be ground based, monument style.
11. That the design of all dumpster enclosures be made of brick and consistent with the architectural design of the development.
12. Dumpsters shall have rubber lids and bumpers to minimize noise during emptying. Dumpsters shall not be emptied earlier than 7:00 am and no later than 10:00 pm.
13. Applicant agrees lighting for the proposed development shall be environmentally sensitive, recessed, shoe-box style lighting with dark bronze or similar posts not to exceed 40' in height from adjacent grade or crown of the road whichever is less, said lighting shall be designed to prevent outward beams and all lighting shall be kept within the bounds of the proposed development.
14. That the 40 unit phase 2 component of the age restricted community be eliminated and remain open space if not constructed within 5 years.
15. That the each residential unit be a minimum of 690 square feet and above as indicated in the "Silver Comet Village" proposal date received 05-06-08.
16. That the development provide for community amenities, including but not be limited to, a fitness center; card and game room; multi-purpose Atrium for dining, parties and special events; day lounges and/or sun rooms on each floor of the residential building; activity room; well-ness center; chapel (mediation center); country kitchen for community functions; library, business center and conference rooms; resident storage spaces; and bicycle storage.
17. That the applicant provide pedestrian connections from the proposed commercial development to the Silver Comet trail.
18. That the architectural renderings and elevations be presented for Mayor and City Council prior to issuance of a building permit.
19. Owner and applicant represent and agree as a condition of zoning, that at no time shall more than 20 percent of the living units located on that portion of the subject property designated as "senior living" on that certain site plan dated 7/16/08, be occupied by "persons of low or mod-erate income" as defined in 42 USC section 5302."
20. That all previous conditions granted by Mayor and City Council on August
21. 2006 be in full force and effect except, as herein modified.
22. Age restricted or senior living is limited to 55 years of age or older and as used herein will be deemed as being synonymous.
 Rosalyn Neal seconded, motion carried 4/1 (Tom Bevirt opposed).
PZ-08-043 - Variance: to allow a time extension on planting landscape. Terranova Engineering - Pine Grove Center - Pine Grove Drive and Powder Springs Road - LL 866 and 867
Q. Mr. Calhoun opened the public hearing and asked if anyone was present to speak in opposition to the application. Mr. Calhoun noted that Ms. Yvonne Dalton, 3811 Abbotts Lane, Powder Springs had signed up to speak.
 Mr. Rob Givens with Terranova Engineering, 3657 Canton Road, Marietta, represented the owners of the property, Concord LLC. Mr. Givens stated that they were requesting an extension on the requirement to do the landscaping until the winter season. He stated that the owners had agreed to immediately mow, cleanup and grade out the piles of dirt and that the owners also planned to shift the landscaping to the Pine Grove side of the property.
 Mr. Bevirt asked why it had been almost one year since the property was clear cut and nothing built. Mr. Givens stated that they did the initial grading after they obtained the Land Disturbance Permit and due to the economic conditions, the banks were requiring that the owner have tenants in place before approving the financing. Mr. Bevirt stated that this was a private matter and was disappointed that the Council had to deal with insuring that the property is cleaned.
Ms. Neal asked Mr. Givens if he had read the recommended stipulations and Mr. Givens stated that he had and was in agreement with all of the stipulations.
Mayor Vaughn requested that Ms. Neal read the stipulations for the Ashleigh Park residents.
Mayor Vaughn asked Don Matthews, Soil and Sedimentation Specialist for the City, if the land was stable with a silt screen and gravel pads going in and out of the property, and that in his opinion the site is stable and that the high grass was cut. He stated that he recommended it not be cut too short in order to eliminate the possibility for soil movement. Mr. Givens stated that they agreed to level the dirt as well as seed and straw the property. Mr. Matthews stated that the owners had always complied with the City's requests.
Mayor Vaughn asked if there was a standard for "too short". Mr. Matthews stated that the grass needed to be high enough to avoid mud in the roadway, which could cause accidents. He said that the silt fence will also help to keep dirt from leaving the site. Ms. Neal asked how high the grass should grow and Mr. Matthews stated approximately 10 to 12 inches.
Mr. Bevirt stated that there seemed to be a question about what property in this area is within the city limits. Mr. Matthews stated that Wal-mart was not in the city limits as well as most of the other property that is being developed in the area.
Ms. Dalton of Ashleigh Park presented the Council with pictures of the site. She said that the owners have done some work on the site and the mounds of dirt were leveled off over the weekend but there was still some mounds on the property. She explained only wild weeds were growing on the mounds. She said that she was upset that they had to go through this process in order to get the owner to maintain the property. Ms. Dalton also told the Council that the Ashleigh Park residents would like the property cleaned and some trees planted in order to provide a buffer. Ms. Dalton related to the Council that the Ashleigh Park residents were in agreement with the proposed stipulations.
Mayor Vaughn clarified that the owners would begin their landscaping along Pinegrove Road and Mr. Givens stated that was the plan. He apolo-gized to the Council that this area had been a concern.Rosalyn Neal made a motion to approve with the following stipulations:
That the applicant submit revised plans within 60 days of the hearing at which approval by Mayor and City Council is granted, incorporating standards of the commercial development overlay and the additional landscaping requirements of Article 5.
That the Land Disturbance Permit be considered Mayor and Council within 30 days of approval of revised plans and be subject to the require-ments of Section 11-6 of the Unified Development Code.
That the applicant and/or owner locate the required landscaping along Pine Grove Road in order to provide as great a visual buffer as possible
between the development and the residential properties located on Pine Grove Road.
That the applicant be required to immediately clean up and haul off debris, and maintain the site to the satisfaction of the Community Develop-ment
and Public Works Departments. The piles of dirt shall be removed from the site unless requested by EPD. Grass shall be maintained at a level acceptable to the EPD and the City of Powder Springs.
 Bob Farmer seconded, motion carried 5/0.
PZ-08-042 - Variance: Exterior siding material for a storage shed - Linda Centore - 3341 Mustang Drive - LL 761
R. Ra Barr made a motion to withdraw the application without prejudice. Rosalyn Neal seconded, motion carried 5/0.
ORD 08-018
 2nd Rding & Public Hearing, Millage Rate for 2008
S. Mr. Calhoun opened the public hearing and read the ordinance.
 Mr. Andy Schival, Interim Finance Director explained there was not an increase in the millage rate. He stated that the 2008 millage re-mained the same as the previous years (8.5 mils). Mayor Vaughn asked Mr. Schival to clarify why the City was required to advertise that there was an increase in the millage rate when it is actually remaining the same. Mr. Schival stated that the State of Georgia requires that when they calculate the tax digest annually, they calculate a rollback millage rate. He further explained that a rollback millage rate is the rate that would need to be used in order to calculate the same amount of revenue that would be used in order to generate the same amount of revenue as last year. He said that with reassessments, new homes and commercial properties, the City would actually generate more revenues by using the 8.5 millage rate. To produce the same amount of revenue for the City the rate would have been 8.351. He said that when the budget is prepared each year it is based on a millage rate of 8.5.
 Mr. Calhoun asked if there was anyone present who wanted to speak for or against this matter. No one spoke.
SCH-08-001 - Show Cause Hearing, Shevawn Carter, Pashur Property Enterprises, LLC, d/b/a Pashur Shell, 4150 Marietta Street
T. Shevawn Carter was present. Richard Calhoun administered the oath to tell the truth to Det. Lane Cadwell, Sgt. Russ Davis, Det. Marcus of the Powder Springs Police Department and Ms. Shevawn Carter. Detective Cadwell stated on June 10, 2008 the Powder Springs Police Depart-ment conducted an underage sell of alcohol sting on all the businesses who sold alcohol within the city limits of Powder Springs. He stated that the underage minor only carried his driver's license, the minor goes into the store and attempts to purchase alcohol. If he is successful in the purchase, the Powder Springs Police Department arrests the clerk. Det. Marcus stated that the underage person went to the cooler and picked up a 20 oz bottle of beer. He took the beer to the cash register and the clerk did not ask for ID and sold the beer to the minor. Det. Marcus said that they arrested the clerk and transported to Cobb County. Mr. Calhoun asked if Ms. Carter had any questions of the Police. She stated that she did not.
 Mr. Barr asked Det. Marcus how many people were in the store. Det. Marcus replied that they were the only two people in the store. Mr. Bevirt asked if the clerk asked for ID and Det. Marcus stated that she did not ask for ID.
 Ms. Neal inquired as to when the store was last checked. Sgt. Davis stated that this location was checked last year and there was not a problem. He stated that is was the first check that has taken place since Ms. Carter had obtained a liquor license.
 Mr. Calhoun then asked Ms. Carter to present her side of the case.
 Ms. Carter addressed the Council and stated that she apologized for missing the last Council meeting. She stated that she was detained at her work. Mayor Vaughn stated that in the future Ms. Carter should call the Powder Springs Police Department since they are open 24 hours a day. She told the Council that she, her sister and the one other person who worked in the store planned to take vacations this summer. She said that they decided to hire someone to help during the summer months. Ms. Carter stated that they received a number of applications and decided on a person who was a school teacher, who worked with adolescents. She said that she gave her training and the store's procedures. Ms. Carter stated that she felt that she had done her due diligence in hiring this person and they immediately terminated her.
 Mayor Vaughn asked Ms. Carter is there were any additional procedures she could put into place to insure that this would not happen again. Ms. Neal inquired if she could send all her employees to the alcohol training course. Ms. Carter stated that it was customary for the owner and manager to attend. Ms. Neal asked Ms. Carter to check to see if all her employees could attend and Ms. Carter agreed to do so. Mr. Bevirt also suggested that Ms. Carter contact the Cobb County Under Age Task Force.
 Ms. Carter described that the clerk felt that she was being rushed by Det. Marcus to hurry with the transaction. Mr. Farmer asked Det. Marcus if he rushed the clerk and he responded that he did not.
 Mayor Vaughn told Ms. Carter that there had been previous violations at this location prior to her obtaining her license. Mayor Vaughn asked what she planned to do in the future. Ms. Carter stated that they would ID anyone who attempted to purchase alcohol.
 Mr. Bevirt encouraged Ms. Carter to check into the cash register that calculates the birth date for the clerk.
 After the vote, Mayor Vaughn explained that at the last Council meeting the Council did not know the reason she was not in attendance and was left with the impression that she did not care. This impression resulted in the Council taking the action to revoke her license. The Mayor stated that she understood that Ms. Carter had been detained at work and apologized to Ms. Carter for any misunderstanding.
 Bob Farmer made a motion that the Council finds that there was a violation of the Alcohol Ordinance. Rosalyn Neal seconded, motion carried 5/0.
 Al Thurman made a motion to suspend Ms. Carter's license for 30 days with credit for the period June 17 to July 21 when she voluntarily surrendered her license. Ra Barr seconded, motion carried 3/2 (Bob Farmer and Rosalyn Neal opposed).
SCH-08-002 - Show Cause Hearing, Jim Barlow, Jr, Quick Thrift Food Stores, Inc., 4551 Brownsville Road
U. Mr. Barlow and Margie Royal were present. Richard Calhoun administered the oath to tell the truth to Det. Lane Cadwell, Sgt. Russ Davis, Det. Marcus, Mr. Barlow and Ms. Royal. Detective Cadwell explained again the sting procedure. He stated that on June 10, 2008 the Powder Springs Police Department conducted an underage sell of alcohol on all the businesses who sold alcohol within the city limits of Powder Springs. He stated that the underage minor only carries their driver's license, goes into the store and attempts to purchase alcohol. If he is successful in the purchase, the Powder Springs Police Department arrests the clerk. Det. Marcus stated that the underage person went to the cooler and picked up a bottle of beer. He took the beer to the cash register and the clerk did ask for his ID and then proceeded to sell him the beer. Det. Marcus said that they arrested the clerk and transported her to Cobb County. Mr. Calhoun asked if Mr. Barlow had any questions of the Police. Mr. Barlow asked if his store was the first store checked that evening and Det. Cadwell replied that they were the first store. Mr. Barlow asked how early the televi-sion news reporters and camera had arrived to set up and Det. Cadwell replied that the television news reporters arrived with the Police. He stated that they were riding in the Police vehicles.
 Det. Cadwell stated that the license clearly stated that the person was under 21 and that this was not their first violation. Det. Cadwell also stated that there were other people in the store at the time.
 Mr. Barlow told the Council that he appreciated the opportunity to have a second hearing. He stated that he understood that selling alcohol to minors could have tragic consequences and that he takes this responsibility very seriously. He asked the Council to consider the extensive training they conduct for their employees. He explained that they give the cashiers the necessary tools needed to prevent the sell to a minor. He told the Council there is a big poster in the store that stated that ID was required to purchase alcohol as well as having the cash register that re-quires the clerk to enter the birth date. Mr. Barlow said that the clerk told him that she was distracted because customers were commenting on the news trucks being in the parking lot. He further stated that the clerk was concerned because she did not have a tag on her van and she thought that was the reason the news media was present.
 Margie Royal stated that she calls the stores every Saturday morning and evening and remind them about laws concerning selling alcohol to minors. She said that if they were re-instated she would personally train all the employees. Mr. Barlow told the Council that all the employees have now undergone the alcohol training conducted by Avendi.
 Rosalyn Neal made a motion that there was a violation of the Alcohol Ordinance. Ra Barr seconded, motion carried 5/0.
 Tom Bevirt made a motion to suspend the alcohol license for 90 days with credit for the period June 17 through July 21 when applicant surrender license, send all employees to formal training and to check the cash register receipts for 90 days after their license is re-instated. Ra Barr seconded, motion carried 4/1 (Rosalyn Neal opposed).
AL-08-004 - Alcohol License - Robert E. Smallwood Powder Springs Wine & Spirits Shoppe - 1050 Richard D. Sailors Parkway Ste. 1000 and 1100
V. Tom Bevirt made a motion to approve allowing Mr. Smallwood 60 days to obtain his license from July 21, 2008. Al Thurman seconded, motion carried 5/0.
AL-08-003 Alcohol License - Tracy R. Billings - Allstar Convenience Stores, LLC, d/b/a Powder Springs Texaco - 3290 New Macland Road
W. Mr. Billings explained the prior history of the ownership of the store. He said the property was owned by Powder Springs LLC. Mr. Billings stated that he represented Allstar Convenience Stores and told the Council that he was planning to re-open the store at the corner of New Macland and Macedonia. He said that it was going to require some remodeling before they would be able to open. Ms. Neal asked how employees would be trained on the laws concerning selling alcohol. Mr. Billings stated that all employees would receive the Avendi training.
 Mr. Bevirt suggested that Mr. Billings contact Quick Trip or Race Track to find out how they training their employees.
 Tom Bevirt moved to approve the application, Al Thurman seconded, motion carried 5/0.
RES0 08-045: A Resolution accepting a bid and authorizing the Mayor to execute a contract with Safe Secure Home, Inc., Safe Secure GPS, Safe Secure Community Developments, for services related to the construction and installation of a payment window and wall for Municipal Court Offices.
X. Ra Barr made a motion to approve, Rosalyn Neal seconded, motion carried 4/1 (Tom Bevirt opposed).
7. City Council Reports
 Al Thurman: Mr. Thurman did not have a report.
 Ra Barr: Mr. Barr congratulated Chief Richardson on his 25th anniversary with the City.
 Tom Bevirt: Mr. Bevirt stated that he thought this was the best 4th of July celebration. He also requested that the City Manager conduct an investigation into the sound equipment by the next meeting.
 Bob Farmer: Mr. Farmer also congratulated the Chief and stated that he was proud of him. He wanted to also echo Mr. Bevirt's comments on the 4th of July.
 Rosalyn Neal: Ms. Neal congratulated Chief Richards. She told Chief Richardson that she enjoyed his memories he shared at his party. She said she thought the 4th of July celebration was wonderful and the best ever.
8. City Manager
9. Adjournment: Rosalyn Neal made a motion to adjourn into executive session. Ra Barr seconded 5/0. The council adjourned into executive session at 10:45 PM.