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03032003 March 3, 2003 March 3, 2003 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, and representatives of the press. Invocation was given by Rev. Keith Butler II, from Faith Christian Center followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated a privilege license application for Discount Smoke & Tobacco d/b/a Smokers Club LLC, 2387 South Cobb Drive, for Hameed Farista is to be withdrawn without prejudice. CITIZENS INPUT: Mayor Bacon recognized Mr. Curt Johnston of the Cobb County School Board, who introduced some students and faculty members from Argyle Elementary School to those present. The students presented this month's character theme words to those present. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Variance Request - V03-009 -located Land Lot 264, Lot 13, 373 Doeskin Lane to permit a new above-ground pool in rear yard in addition to existing accessory structure (shed) Mr. Wright stated the City Zoning Code limits the number of accessory structures on a lot to one structure. Mr. Wright stated one accessory structure is currently erected on the subject property, and that the applicant is seeking a permit for an above-ground swimming pool as well. Mr. Wright stated that staff supports this variance request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Michael Pugh-Roberts, the applicant. Council Member Wood asked Mr. Pugh-Roberts if it is correct that occupants of the adjoining properties have no objections to the proposed variance, and Mr. Pugh-Roberts answered in the affirmative. MOTION: Council Member Wood made a motion to approve a variance request for 373 Doeskin Lane to permit a new above-ground pool in rear yard in addition to an existing accessory structure. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Rezoning Request - Z02-0404 - to rezone 1.85 acre tract in Land Lots 388, 389,404 and 405 from Office Institutional (01) and Cobb County R-20 (Single-Family) to Limited Commercial (LC), North Cooper Lake Road (Pembrook Child Care Development, Inc.) March 3, 2003 2 Mr. Wright stated a portion of the subject property is in unincorporated Cobb County, and that an annexation request has also been filed. Mr. Wright stated there are plans to construct a daycare center on the property, and that the Planning and Zoning Board (PZB) has voted to deny this rezoning request. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Wood recognized Mr. Neil Gass, representing Pembrook Child Care Development, Inc. (PCCD), and asked Mr. Gass to provide details concerning the proposed use of the subject property to those present. Mr. Gass stated PCCD plans to build a child care facility at the subject location. Mr. Gass stated the proposed facility would operate Monday through Friday from 6:30 a.m. until 7:00 p.m. Council Member Wood asked Mr. Gass if the facility would operate in the evening or on weekends, and Mr. Gass answered no. Mayor Bacon recognized Ms. Sally Striker (phonetic), residing in the vicinity of the subject property, who stated that the proposed facility is not feasible. Ms. Striker stated that traffic in the subject area is very heavy, and that accessing the proposed facility would be difficult. Ms. Striker expressed the view that the intersection of East-West Connector and Cooper Lake Road is a dangerous place for the type of business proposed because of the traffic. Ms. Striker stated she has discussed this matter with Council Member Wood on several occasions. An unidentified person stated that a traffic surveyor has also been observed in the subject area. Ms. Striker stated that the visibility of motorists operating vehicles in the subject area is limited, and that the traffic between six 0' clock and eight 0' clock in the subj ect area is heavy. Ms. Striker reported that there have been numerous traffic accidents in the subject area. An unidentified person stated that at the intersection in the subject area, there are no turning lanes. The unidentified person stated there is a left-turn lane, but no right-turn lane. The unidentified person stated that if traffic is routed to his street, there will be a traffic jam at the intersection in the subject area. Mayor Bacon asked the two citizens where their property is in relation to the subject property. Ms. Striker stated her property is close to the subject location. The unidentified person stated that orange markers have been placed near the rear of the garage on his property. Council Member Wood asked the two citizens if they are aware of proposed road improvements in the subject area. Ms. Striker stated the proposed improvements will not make any difference from her standpoint. Council Member Wood stated that the organization which conducted the traffic study in the subject area can confer with the city engineer and the community development director in order to take all available information into consideration in the planning process. Council Member Wood stated that he has recently received additional input from other residents in the affected area, including a statement of support for the proposed project. Council Member Wood stated he will make a motion to table the rezoning request for a 1.85 acre tract in Land Lots 388, 389,404 and 405 from Office Institutional (01) and Cobb County R-20 (Single-Family) to Limited Commercial (LC) for Pembrook Child Care Development, Inc. until the March 17,2003 council meeting. Council Member Wood stated this request will be referred back to the PZB, and that before the next PZB meeting, the city engineer and the community development director will meet with representatives from the organization which conducted the traffic study in the subject area to determine what impact proposed improvements may have on the subject area. Ms. Striker reiterated her concerns about traffic conditions in the subject area. Council Member Wood stated that all available information will be factored into the decision making process. March 3, 2003 3 Mayor Bacon recognized Mr. Jim Walston and Mrs. Wanda Walston, residing at 725 Cooper Lake Road. Mr. Walston stated many changes have occurred in the area of his residence. Mr. Walston stated he can hear and see vehicular traffic from his residence, and that the volume of this traffic has increased. Mr. Walston described the traffic conditions in the area of the proposed facility, and what type of ride users of the proposed facility may have to experience when traveling to that destination. Mr. Walston stated that entering and leaving the proposed facility by vehicle will be difficult. Mr. Walston expressed concern about limited visibility in the subject area. Mayor Bacon asked Mr. Walston to point out the location of his residence on a map, and Mr. Walston obliged. Mr. Walston expressed concern about traffic safety in the subject area. Council Member Wood stated he appreciates Mr. Walston's views, and that this matter will be afforded further study and consideration. Mrs. Walston discussed driving conditions in the area of the proposed project, and expressed concern about traffic safety in the subject area. Mr. Walston expressed concern about children who would be passengers in vehicles traveling to the subject location. Mr. Gass expressed appreciation to the citizens who attended the meeting to express their views. Mr. Gass stated PCCD will continue to work with their consulting engineer regarding a proposed turn lane. Council Member Wood stated that all available information will be factored into the decision making process. MOTION: Council Member Wood made a motion to table the rezoning request for a 1.85 acre tract in Land Lots 388, 389,404 and 405 from Office Institutional (01) and Cobb County R-20 (Single-Family) to Limited Commercial (LC) for Pembrook Child Care Development, Inc. until the March 17,2003 council meeting. Council Member Wood stated this request will be referred back to the PZB for review and recommendation. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (C) Land Use Change Request - Z02-040 (Land Use) from Low Density Residential to Neighborhood Activity Center, Land Lots 388, 389, 404 and 405, 1.85 acre tract, North Cooper Lake Road (Pembrook Child Care Development, Inc.) Mayor Bacon stated this measure will be tabled until the March 17,2003 council meeting along with agenda item 5B, supra. (D) Privilege License Request - Retail Pouring License (Beer, Wine and Liquor) for K. El Ciclon, d/b/a K. El Ciclon, Applicant Su IL Kwon, located at 2731 South Cobb Drive Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Ms. Jeanie Kwon (phonetic), counsel for the applicant, and Mr. Su II Kwon. Council Member Cramer asked Mr. Kwon ifhe has read the regulations governing the sale of alcoholic beverages, and with translation assistance from Ms. Kwon, Mr. Kwon answered yes. Council Member Cramer asked Mr. Kwon ifhe understands that the local police conduct undercover inquiries to test the compliance of license holders with the regulations governing the sale of alcoholic beverages, and with translation assistance from Ms. Kwon, Mr. Kwon answered yes. Council Member Cramer asked Mr. Kwon ifhe understands that the minimum required age for a person to purchase any alcoholic beverage is 21 years old, and Mr. March 3, 2003 4 Kwon answered yes. Council Member Cramer asked Mr. Kwon ifhe has any previous experience with this type of license, and Ms. Kwon stated Mr. Kwon currently has an alcoholic beverage sales license with the Atlanta city government, and that Mr. K won is familiar with the requirements. Council Member Cramer recommended to Mr. Kwon that all purchasers of alcoholic beverages at K. El Ciclon (EC) be required to present proper identification. Council Member Cramer advised Mr. K won that all EC servers are required to obtain serving permits at the City police department. Council Member Cramer stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Council Member Lnenicka asked what type of business EC will be, and Ms. Kwon stated it will be a Mexican-style restaurant. Council Member Lnenicka asked when EC will be open for business, and Ms. Kwon stated a loan is currently being processed, and that the opening is expected within a few weeks. MOTION: Council Member Cramer made a motion to approve a privilege license request for retail pouring of beer, wine and liquor for K. El Ciclon, d/b/a K. El Ciclon, for Su IL Kwon, Agent, located at 2731 South Cobb Drive. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Business License Request- Massage Practitioners for Osborne Institute of Technology, Inc. d/b/a Smyrna Therapeutic Massage Institute, located at 1725 Spring Road, Smyrna, Applicant Grams B. Osborn Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. Mr. Wright stated the applicant does not meet the requirements for the license under the City Code. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Osborn, and asked Mr. Osborn to provide details to those present regarding the type of business he proposes to operate. Mr. Osborn stated that Smyrna Therapeutic Massage Institute (STMI) will be a State-approved vocational training school for massage therapy. Council Member Scoggins stated that staff has reviewed Mr. Osborn's application and found it to be incomplete, and asked Mr. Osborn if there is a reason the application was not completed. Mr. Osborn stated the City's application form appears to be designed for individual applicants, as opposed to corporate applicants such as STMI. Mr. Osborn furnished details concerning information which was provided in the application. Council Member Scoggins stated the questionnaire contains language indicating that all questions and statements must be completed, and asked Mr. Osborn if it is correct that he was previously advised of this requirement. Mr. Osborn stated that some of the questions on the form are not applicable to corporate applicants. Council Member Pritchett referred to the license application summary in which the applicant's home address is requested, and stated that Mr. Osborn's name appears on the submitted form, but that the application contains a notation indicating Mr. Osborn refused to answer this question pertaining to home address. Council Member Pritchett stated that no distinction is made in this part of the application between corporate and individual applicants, and that she does not understand why Mr. Osborn does not want to provide his home address. Council Member Pritchett recognized Mr. Bill Robertson, the attorney representing STMI, who asked Council Member Pritchett to provide additional details regarding the application form. Council Member Pritchett referred Mr. Robertson to a City form captioned City of Smyrna- Business License Application Summary, which Mr. Osborn used to apply for a massage practitioner's license on February 25,2003. Council Member Pritchett stated the application contains a notation indicating Mr. Osborn's home address was requested for the form, and that March 3, 2003 5 Mr. Osborn refused to provide his home address. Council Member Pritchett stated the City's elected officials are charged with the responsibility of ensuring that regulations are adhered to by privilege license applicants. Council Member Pritchett stated a person's home address, regardless of whether or not they represent a corporation, is background information, and she does not understand why Mr. Osborn refuses to answer this question. Mr. Robertson stated the applicant in this case is Osborn Institute of Technology, and that Osborn Institute of Technology has no previous street address. Mr. Robertson stated some of these questions apply to an individual applicant but not to a corporate applicant. Mr. Robertson stated that Mr. Osborn apparently has a language problem to some extent, and that the English language is not the same from country to country. Mr. Robertson stated that Mr. Osborn understood the application to be a corporate application as opposed to an individual one. Mr. Robertson stated that Mr. Osborn is not himself a massage therapist. Council Member Pritchett asked when the corporation was formed, and Mr. Robertson stated the corporation was formed on January 12, 1999. Mr. Robertson stated the corporation had its previous address on Campbellton Road in Atlanta, but that this is his first foray out of his home. Council Member Pritchett expressed appreciation to Mr. Robertson for his efforts to provide answers to some questions. Mr. Robertson stated he did not understand a remark made earlier by either Council Member Scoggins or Mr. Wright to the effect that the corporation did not qualify. Mr. Cochran asked who would be the business manager at STMI, and Mr. Robertson stated Mr. Osborn will be the business manager. Mr. Cochran asked if there is anything else that the City should consider with the application, such as documentation, and Mr. Robertson answered in the affirmative. Mr. Robertson stated he has not been provided with any statement specifying what information is lacking or needed, and that his client would like to have the opportunity to amend. Mr. Cochran asked if there is any type of health certificate for Mr. Osborn or others working with patients, and Mr. Robertson stated that would apply to the supervisory licensed massage therapist. Mr. Cochran asked if there is a health certificate that person would have which Mr. Osborn wishes to submit, and Mr. Robertson stated that does not appear to be a requirement of the ordinance for a corporate applicant. Mr. Robertson stated that appears to be a requirement for a license for a massage therapist. Mr. Robertson stated he was the city attorney for Austell for fifteen years, and compared the placement of an oversized shoe on someone's foot to the way in which he believes the ordinance guidelines are being applied in this particular instance. Mr. Robertson stated he wishes to work cooperatively with the City in this matter, and pointed out that Mr. Osborn has been waiting for three months for a license and that his business has been delayed during this time. Mr. Robertson stated that the City issued Mr. Osborn a building permit for a massage therapy school, a license for a massage therapy school, and that later Mr. Osborn was told he would need a privilege license. Council Member Wood asked Mr. Robertson when these permits were obtained, and Mr. Robertson stated he believes the other permits were obtained sometime around last October. Council Member Wood stated that if that is the case, then Osborne Institute of Technology, Inc. d/b/a Smyrna Therapeutic Massage Institute has a history. Mr. Robertson reported that House Bill 368 is under consideration by the State legislature and, if approved, this measure will take the licensing of massage therapists out of the jurisdiction of local governments and place it with the State boards. Mr. Robertson stated that the upshot of this pending legislation is that all his client's effort to obtain the license from the City will eventually be for nought, and the process will have to be repeated. Mr. Cochran stated the City would be favorably disposed toward State preemption on this issue. Mr. Robertson stated that STMI is not a massage parlor, but rather a school. Mr. Robertson stated that, in his legal opinion, he has doubts about whether or not the City ordinance applies in this case at all. Mr. Robertson stated that a licensed massage therapist would be on the premises to instruct students, and that the students would have to administer massages. Mayor Bacon asked Mr. Robertson what distinction exists between a massage school and a therapeutic massage spa if students are administering massages to people on the premises. Mr. Robertson stated the students will be supervised by a licensed massage therapist, and that the public will know that the persons March 3, 2003 6 administering the massages are students and not licensed massage therapists. Mr. Robertson stated that under the proposed State law, students would be exempted. Mr. Robertson stated the City's ordinance does not address the matter of students. Mr. Robertson stated the City should take the same position as the State, because an untrained student cannot qualify to be a licensed massage therapist, therefore, they cannot obtain a license from the City, and that this is an irrational impediment. Mr. Robertson stated that, in effect, one cannot be a licensed massage therapist until one learns how, and one cannot learn how because one cannot obtain a license without the certification. Mr. Robertson stated Mr. Osborn is attempting to comply with the City's regulations in order to get his business open and to start instruction. Council Member Hawkins asked Mr. Robertson if STMI will advertise and charge people for massage services, and Mr. Robertson answered in the affirmative. Council Member Hawkins asked Mr. Robertson if it is correct that STMI will be competing against other massage therapy operations in the City, and Mr. Robertson answered in the affirmative. Mr. Osborn stated the City's ordinance appears to have been enacted when there were no massage schools in Cobb County. Mr. Osborn stated that the ordinance is a good one because, at the time it was enacted, the purpose of the ordinance was to regulate massage practitioners. Mr. Osborn stated the ordinance does not take into consideration people who are studying to become massage practitioners. Mr. Robertson stated he does not believe the inquiry into competition regulation is an appropriate inquiry. Mr. Robertson stated that determining whether or not STMI would compete against massage practitioners in full practice is not a function of this body. Mr. Robertson stated he believes that the function of this body under the ordinance is to determine if this applicant is qualified. Council Member Hawkins stated he believes it is a function of this body to safeguard the health, welfare and safety of the community, and that he is concerned about amateurs at the subject location providing services to the public that are paid for. Council Member Newcomb asked it is correct that Mr. Osborn did not provide his home street address on the license application, and Mr. Robertson stated the business address was furnished, and that he does not see the question for the individual's home address. Mr. Robertson stated that Mr. Osborn provided a copy of his driver's license with the application, and that Mr. Osborn's home address is listed on the license. Mr. Robertson stated that this is the first time that he or Mr. Osborn have heard any of these questions, and that neither he nor Mr. Osborn have been apprised of the fact that the application is lacking in any regard. Mr. Robertson stated that ifhe and Mr. Osborn had known about the deficiencies, any information the Mayor and Council members want would have been provided. Council Member Pritchett asked Mr. Robertson when he became Mr. Osborn's attorney and when he first became aware of this situation, and Mr. Robertson answered it was in January. MOTION: Council Member Scoggins made a motion to deny a license request for massage practitioners for Osborne Institute of Technology, Inc. d/b/a Smyrna Therapeutic Massage Institute, located at 1725 Spring Road, for Grams B. Osborn on the basis that the applicant does not meet the requirements of the City ordinance. The motion was seconded by Council Member Hawkins. Motion to deny the privilege license request was approved was 7- O. (F) Ordinance Amendment - Chapter 82, Signs - replacing Sections 82-1 through 82-18 and with Sections 82-1 through 82-19 Mr. Wright stated that, because of changes in case law regarding government sign codes, the City initiated a review of the sign ordinance. Mr. Wright stated a number of issues were identified, and it was determined that a new sign ordinance based on the best examples from other municipalities should be adopted. Mr. Wright stated that staff supports the proposed sign ordinance. March 3, 2003 7 Council Member Lnenicka stated that a temporary moratorium on new sign permits was put in place in the City recently while the sign ordinance was reviewed for possible revision. Mr. Cochran administered the oath to Mr. Wright to present testimony on this matter. Mr. Wright stated that he has consulted with a number of City governments where sign ordinances have been recently enacted which have withstood the test of court challenges. Mr. Wright stated that signs create a number of concerns from a public safety standpoint which justify the need for the regulation of signs. Mr. Wright stated these concerns include the distraction of motorists while operating vehicles, and the obscuration of vital traffic control signs. Mr. Wright read an affidavit by Community Development Director Chris Miller regarding the sign ordinance: AFFIDAVIT OF CHRISTOPHER S. MILLER 1. My name is Christopher S. Miller, I am over the age of 21 years and otherwise competent to make this affidavit. I suffer from no legal disability. This affidavit is based upon my personal knowledge and experience and is true. This affidavit is offered in support of the sign ordinance to be considered by adoption by the Mayor and City Council of Smyrna, Georgia on March 3, 2003 (Ord.# 2003-11). 2. I am the Community Development Director of Smyrna and have held that position since early 2001. I graduated from Florida State University in 1991 with a degree in Urban Economics and earned a Masters Degree in Urban Planning in 1993. I am a member of the American Institute of Certified Planners. 3. Throughout my career I have been involved in the review, application and amendment of sign ordinances for several communities. I participated in drafting the proposed ordinance and believe it to be in the best interest of the health, safety and general welfare of the citizens of Smyrna. 4. The sign ordinance under consideration restricts the location of signs and as a result helps avoid damage to persons and property. The signage controls within the ordinance are designed to promote traffic safety and avoid traffic accidents. Unregulated signs may lessen the utility of public safety signs. 5. Signs may affect the character of a community as well as property values. The size, height, location and general condition of signs may have an impact upon surrounding land uses and property values. Certain signs could result in an overall image of blight and a reduction of property values. Smyrna's sign ordinance is designed to ensure that signage is compatible with its surrounding environment. 6. The sign ordinance under consideration attempts to insure that signs within Smyrna are compatible with adjacent land uses and with the total visual environment of the community. 7. The size of signs which provide adequate identification in pedestrian oriented business areas differs from that necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater and required setbacks are greater than in pedestrian areas. March 3, 2003 8 Council Member Lnenicka provided a brief recapitulation of the various existing ordinances regulating the use of signs to those present. Council Member Lnenicka asked Mr. Wright if it is correct that the ordinance revision under consideration would codify these various regulations into a single unified document, and Mr. Wright answered in the affirmative. Council Member Lnenicka stated the affidavit of Mr. Miller is entered into the record for the purpose of providing his professional evaluation of the ordinance. Council Member Lnenicka stated the application and enforcement of sign regulations have been studied by the council members at great length, and that this measure is designed to create a better sign ordinance. Council Member Lnenicka stated the goals of the sign ordinance include protecting the health, safety and welfare of citizens, visitors and businesses in the City. Council Member Lnenicka stated the sign code was recently reviewed by an attorney who is a noted expert on sign regulations. Council Member Lnenicka stated it was determined that the current sign ordinance can be difficult to enforce because the signage is regulated on the basis of its content, and that similar ordinances in other municipalities have been found by the courts to be unconstitutional. Council Member Lnenicka stated that, because of the extensive nature of the revisions to the sign ordinance, a new sign ordinance has been created based on the best examples from other municipalities. Council Member Lnenicka stated that many elements of the proposed ordinance were drawn from the City of Roswell's sign ordinance, and he commended Roswell for their work in this area. Council Member Lnenicka briefly reviewed some key changes found in the proposed sign ordinance. Council Member Lnenicka stated the new ordinance will represent an improvement over the previous version. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Lnenicka made a motion to approve the ordinance amendment for Chapter 82, Signs, replacing Sections 82-1 through 82-18 and with Sections 82-1 through 82-19. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (G) Ordinance Amendment - Amending Section 1303 - requiring that a site development plan shall be submitted prior to the issuance of any grading permit Mr. Wright stated this proposed ordinance amendment will require a site development plan to be submitted before any grading permit is approved. Mr. Wright stated this requirement is needed to make certain that tree protection and soil erosion considerations are given appropriate review before grading permits are issued. Mr. Wright stated a site development plan must include at a minimum a grading plan, erosion and sedimentation control plan, tree preservation plan, future building locations, parking layout and storm drainage design. Council Member Lnenicka stated the proposed ordinance amendment can positively impact the community in a number of ways. Council Member Lnenicka read the proposed additions to Section 1303 to those present. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Lnenicka made a motion to approve an ordinance amendment for Section 1303 requiring that a site development plan be submitted prior to the issuance of any grading permit. The motion was seconded by Council Member Hawkins. Motion was approved 7 - O. March 3, 2003 9 FORMAL BUSINESS: (A) Reappointment of Ward 7 Representative to the Keep Smyrna Beautiful Commission Council Member Wood recognized Ms. Sue Brissey, and commended her for her years of service on the Keep Smyrna Beautiful Commission (KSB). Council Member Wood thanked Ms. Brissey for her contributions to the community, and her willingness to continue her service on the Keep Smyrna Beautiful Commission. MOTION: Council Member Wood made a motion to reappoint Ms. Brissey to the Ward 7 post on the Keep Smyrna Beautiful Commission. The motion was seconded by Council Member Lnenicka. Ms. Brissey stated she enjoys the opportunity to serve on KSB. Mayor Bacon expressed appreciation to Ms. Brissey for her service to the community. Motion was approved 7 - O. (B) Reconsideration of Work Hours - Bates Street - Cobb County Habitat for Humanity Mr. Wright stated this request was previously considered by the Council on February 17,2003, at which time the variance request to permit construction work on Sunday was denied. Council Member Scoggins stated that additional information, which was not included in the issue sheet for this matter furnished for the last council meeting, has been received and taken into consideration for this request. MOTION: Council Member Scoggins made a motion to approve a variance to allow construction work on Bates Street for Cobb County Habitat for Humanity on Sundays from 2:00 p.m. to 6:00 p.m. The motion was seconded by Council Member Newcomb. Council Member Scoggins stated that some misunderstanding apparently occurred at the previous meeting because all the pertinent details were not available at the time of the original vote. Council Member Newcomb expressed appreciation to the young students participating in this project for their contribution to the community. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of the February 17,2003 Minutes (B) Approval to Surplus Fire Department Equipment Smyrna Fire Department has 25 sets of firefighters' self contained breathing apparatus (SCBA) which is no longer needed. Pickens County has offered the City $1000 for this equipment. It is recommended that this SCBA be declared surplus for disposal. Other gear to be declared surplus includes fire fighting clothing and helmets. (C) Approval to Surplus Police Department Equipment Smyrna Police Department has two outdated Kustom radar units that are currently not being used by the City. The City of Roswell has agreed to purchase these units at $100 each. It is recommended that this Kustom radar equipment declared surplus for disposal. March 3, 2003 10 (D) Approval of Authorization for Mayor to Sign an Interlocal Agreement for Resurfacing Cobb County Department of Transportation has agreed to resurface specified streets in the City at a contract price. The City is expected to benefit from economy of scale by outsourcing this work to the County. (E) Approval of Authorization for Mayor to Sign the 2003 Community Development Block Grant Award The Cobb County Board of Commissioners has awarded these CDBG funds to the City. The City has participated in the CDBG program for a number of years, and approval of this measure is recommended by staff. (F) Approval of Resolution to adopt the City of Smyrna Emergency Operations Plan by Smyrna Fire Department for 2003 The City of Smyrna Emergency Management Agency has developed, in partnership with local government and community agencies/organizations, which have primary responsibility for emergency support functions, an approved emergency management plan. This plan will be submitted to the Georgia Emergency Management Agency. (G) Approval to Transfer $55,000 from Contingency to the Street Operating Account of the Public Works Department This transfer of funds is requested in order to fund improvements to the Cooper Lake Road and East-West Connector intersection. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Mayor Bacon asked if the fire and police departments solicited bids for the proposed disposal of the specified equipment. Mr. Wright stated that State law requires the City to dispose of surplus property in an intergovernmental agreement without bids. Mr. Wright stated the City purchasing office has reviewed the proposed disposition and concluded that these proposals represent a greater liquidation value than would likely be realized at auction. Mr. Wright stated that the prospective purchasers of the surplus equipment were contacted when it was learned that they were in need of the type of equipment the City was attempting to dispose of. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett stated the new Aldi store on Spring Road is under construction. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member Hawkins stated the Georgia Bar Association recently held a mock trial event in Marietta in which local students participated. Council Member Hawkins stated that students from Campbell High School (CHS) placed second in this competition. Council Member Hawkins stated he heard many favorable comments about these CHS students, and commended them for their effort. Council Member Cramer reminded those present of the incident on the current date in which officers of the City police department were forced to use deadly force on a suspect. Council Member Cramer stated the officers of the City police department perform a difficult task every day, and asked those present to remember them in their prayers. Council Member Cramer March 3, 2003 11 reported that management personnel from Hickory Lakes met with citizens from the Chateau Walk Homeowners Association. Council Member Cramer stated he expects some improvements at these apartments to be forthcoming. Council Member Lnenicka thanked the residents of Creatwood at Vinings who attended the Homeowners Association (HOA) meeting on the previous evening. Council Member Lnenicka expressed appreciation to these HOA members for their interest in the community, and their support of the City's downtown revitalization efforts. Council Member Lnenicka stated that during the last holiday season, undercover checks by the local police were made in the southern part of the City to monitor the compliance of business operators with alcoholic beverage sales regulations. Council Member Lnenicka stated that nine businesses were checked, and that all of them passed the test. Council Member Lnenicka read a list to those present of the businesses checked, and commended them for their diligence. Council Member Wood yielded the floor with no report. CITIZENS INPUT: There were no additional citizen comments. ADJOURNMENT: With no further business, the meeting was adj ourned at 9: 16 p.m. March 3, 2003 A. MAX BACON, MAYOR MELLENY PRITCHETT, WARD 1 BILL SCOGGINS, WARD 3 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 SUSAN D. HIOTT, CITY CLERK RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 WADE S. LNENICKA, WARD 6 12