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01-22-2002 Regular MeetingJanuary 22, 2002 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 was Interim City Administrator Chris Corey, City Clerk Kellie Barber, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Lee Delbridge of Smyrna Christian Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Chief Larry Williams who introduced Jason Lanyon, who stated that the Smyrna Fire Department (SFD) collected $104,000 for the Widows and Childrens Fund and the Childrens Scholarship Fund in three weeks. Mr. Lanyon stated that the Smyrna group received overwhelming support from New York while visiting on Dec. 18" - John Elliot was introduced and stated that everyone was very supportive and that Ground Zero took his breath away. Daryl Shelnutt was introduced and stated that the group carried and presented a quilt that was made by the Belmont Hills Elementary School students and discussed St. Paul Church where rescue workers received support, food and first aid and he said he is proud to be an American. Chief Williams stated that all of the firefighters contributed and thanked the citizens of Smyrna for their generous contributions. Chief Williams stated that he represented Mayor Bacon at the Africa World Museum grand opening and that he accepted prints on behalf of the City. Mayor Bacon thanked the SFD and the citizens of Smyrna for their dedication and commitment to the rescue efforts. Council Member Lnenicka stated that the City of Smyrna is very proud of its firefighters. Mayor Bacon recognized School Board Representative Curt Johnston who introduced Teasley Elementary Principal Dr. Linda Nash, Counselor Dr. Jim Conkwright and Teacher Ms. Tracy Harres. Dr. Nash introduced students Santhosh Karnick, Amy Savini, Lauren Justus, Taylor Daugherty and Jill Millkey who presented the January character education words of the month. Mayor Bacon thanked the students and administration and presented the children with a gift. Council Member Wood congratulated Mr. Johnston on being named Chairman of Cobb County School Board. Mayor Bacon recognized Ms. Mary Rose Barnes, Oakdale community resident, who stated that the developer for the Lois Street development is parking on Lois Street and that once she spoke with the police department the vehicles were moved. Ms. Barnes expressed concern that vehicles parked in the street could impede emergency vehicles. Ms. Barnes stated that the Publix Shopping Center shops have too many signs in the windows and asked that Mayor and Council place stipulations on the store owners in the future. Council Member Lnenicka stated that lie will ask Mr. Miller to have his department check the area for possible non-compliance. Mayor Bacon recognized Mr. Mike Woodliff, 3673 Lee Street, who asked about the delay on the Homestead Exemption Bill. Mayor Bacon stated that the City of Smyrna has stated before that we will not point fingers on who dropped the ball and that the City of Smyrna is encouraging the bill to be passed. Mayor Bacon stated that Mayor and Council have spoken with,Representative Collins who promised to have the bill passed and the Governor has agreed to sign the bill. Mayor Bacon recognized Representative Collins who thanked Mayor Bacon for allowing her to speak and wished the citizens or Sr6yrna well. Ms. Collins thanked the citizens for attending her town hall meeting. Ms. Collins stated that two bills were passed on homestead exemption last year and that it is at the Mayor and Council's pleasure to call for a special election. Ms. January 22, 2002 2 Collins stated that she has drawn up the bill and delivered a copy to Mayor and Council. Ms. Collins encouraged citizens to contact her with questions. Mayor Bacon asked if the current bill has an election date, and Ms. Collins stated that it has four dates. Councilman Lnenicka stated that the elected officials of the City of Smyrna are committed to this Homestead Exemption. Mayor Bacon recognized Mr. Floyd Millis who stated that he is angry about the lack of tax relief in the form of homestead exemption. SF Mayor Bacon recognized State Senate Candidate Jimmy Flanagin who announced his intention to run for the Senate. Mr. f,'Ianagin staled that he grew up in Sinyrna and currently resides on Dunn Street and that he believes in community. Mr. Flanagin stated that the City of Smyrna needs representation and stated that the foundation of his campaign is local control and Mr. Flanagin invited citizens to support his campaign for Senate. PUBLIC HEARINGS: (A) Charter Amendment —Redistricting of the Seven Wards of the City of Smyrna Mr. Corey stated that this is the first public hearing on the Redistricting Plan of the Seven Wards of the City of Smyrna and that the second hearing is scheduled for February 4, 2002 with the final vote scheduled for February 18, 2002. Mr. Corey advised that the advertising requirements for the proposed redistricting have been met. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Mayor Bacon recognized Ms. Linda Smith who stated that every ten years municipalities are required to review the voting maps and that there is an imbalance due to growth in the City. Ms. Smith stated that she would be happy to answer any questions regarding the reapportionment. Council Member Hawkins stated that this is the same process that the State Legislature is required to follow in the context of the current census and that he is proud that the City of Smyrna has authorized non -partisan bodies to draw the map. Mayor Bacon recognized Mr. Millis who asked if lie could have a copy of the current redistricting map, and Ms. Barber stated that a copy could be made at a private company for a small charge. Council Member Hawkins stated that the redistricting does not affect annexation. No action was taken. (B) Privileged License Request —Retail Pouring (Beer and Wine) - Peking Garden Restaurant - 2526 South Cobb Drive - Ownership and Agent Change Mr. Corey stated that Mr. Chou is the registered agent and that Peking Garden Restaurant is located at 2526 South Cobb Drive in Smyrna. Mr. Corey advised Mr. Chou has been given a copy of the Alcohol Beverage Ordinance, the Business License Officer has reviewed the guidelines with him and that he has indicated he will follow the City's ordinances if he is granted the license. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Council Member Cramer introduced Mr. and Mrs. Chou. Mr. Chou stated that he has been with the restaurant for ten years and that he is familiar with the City's ordinances. Council Member Cramer stated that the police department has a program for monitoring compliance with identification checks for purchaser age and asked Mr. Chou if he has a training policy for alcohol purchasing identification. Mr. Chou stated yes. Council Member Cramer made a motion to approve the privileged license request for retail pouring of beer and wine at Pekiing Garden Restaurant at 2526 South Cobb Drive for an ownership and agent change with Mr. Chou as the registered agent. Council Member Lnenicka seconded the motion. Motion was approved 7-0. (C) Variance Request -Off -Premise Signs (2)—Piedmont Kupp Partners (PKP) - Cumberland Marketplace Shopping Center - Cobb Parkway and Cumberland Boulevard January 22, 2002 Mr. Corey stated that PKP is requesting a variance to permit two existing off -premise signs which are part of the Cumberland Marketplace Shopping Center. Mr. Corey advised the subject parcel is located at the intersection of Cobb Parkway and Cumberland Boulevard, that the applicant proposes to subdivide the shopping center into two parcels, and that each of the two parcels will contain one free-standing sign which advertises Walgreens and other tenants. Mr. Corey stated that if the subdivision occurs, two off -premise signs will result because the businesses advertised by the signs will not be located on the same parcels as the signs. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. Kevin Kiernan who stated that once the existing parcel is subdivided the existing signs will become off -premise signs. Council Member Pritchett advised that the proposed variance satisfies the three-part test set forth in the staff comments report. Council Member Pritchett made a motion to approve the variance with added language to the effect that the variance for each off -premises sign is conditioned upon the continued existence of the structures presently housing the businesses advertised by each sign. Council Member Ron Newcomb seconded,the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Ordinance Amendment —Soil Erosion and Sedimentation Control —Article ii, Section46-3 C [15] Mr. Corey stated that the current stream buffer requirement is 25 feet and that in order to further protect our state waters from sedimentation, it is proposed to increase the buffer requirement to 50 feet. Minor earthwork activities by individual property owners are not affected. Council Member Scoggins recognized Mr. Miller who stated that State soil erosion control authorities have requested this change and it is not mandatory but the pertinent committee members plan to make the change in order to be cooperative. Mayor Bacon asked Mr. Miller if this change would result in the same regulations as those of Cobb County and Mr. Miller answered in the affirmative. Council Member Newcomb stated that this change will not affect any currently approved subdivision, and asked Mr. Miller for confirmation on this point, and Mr. Miller advised that Council Member Newcomb's statement is accurate. Council Member Scoggins made a motion to approve the Ordinance Amendment for Soil Erosion and Sedimentation Control for Article 11 Section 46-3 C [151. Council Member Newcomb seconded the motion. Motion was approved 7-0. (B) Code Amendment —City Noise Regulation Ordinance —Sections 46-1 Through 46-3 Mr. Corey advised the Community Development Committee has been reviewing improvements to the City's noise ordinance for the past four months and that the City's current noise regulations include specific restrictions but are hard to quantify. Mr. Corey stated the proposed code amendment would repeal the existing noise regulations in favor of measurable sound limitations. Mr. Corey advised the newer regulations would establish maximum decibel levels based upon measurements taken at properties receiving the sound. Council Member Newcomb stated that it is a difficult task for police officers to resolve disputes between people when noise is an issue and that the current ordinance is vague and thus difficult to enforce. Council Member Newcomb recognized Mr. Miller who reported that allowable decibel levels have been examined and that ordinances from various localities that include allowable sound levels have been reviewed. Mr. Miller advised that the new ordinance provides for measurement of decibel levels from the affected location with a noise meter. Mr. Miller advised that restrictions of construction activity to certain times will be retained in the new ordinance. Council Member Ron Newcomb made a motion to approve the updated City Noise Regulation Ordinance Sections 46-1 through 46-3 and the motion was seconded by Council Member Cramer. Motion was approved 7-0. January 22, 2002 4 (C) Approval of Authorization for the Mayor to sign Change Order #5 for the Smyrna Market Village Mr. Corey stated that this change order is the result of unforeseen conditions during the installation of a storm drainage pipe under King Street during which 2260 cubic yards of unsuitable soil had to be removed and a sanitary sewer line relocated. Mayor Bacon asked Mr. Stokes when King Street will reopen, and Mr. Stokes stated that the contractor hopes to pave at the end of next week. Council Member Wood advised that the project has been delayed by the discovery of wood, rock and other debris underground and some difficulty locating a sewer line. Council Member Wood made a motion to approve Authorization for the Mayor to sign Change Order #5 for the Smyrna Market Village,and the motion was seconded by Council Member Cramer. Motion was approved 7-0. (D) Appointment of Replacement Member to the Growth Strategies Commission Council Member Newcomb made a motion to table the appointment for the replacement member to the Growth Strategies Commission until the February 4, 2002, Council Meeting, and Council Member Cramer seconded the motion. Motion to table was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Oxford Academy-775 Church Street —Addition for Child Care Council Member Cramer stated that Cindy and Jimmy Smith have requested a permit for the construction of a 2700 square foot addition for child care and made a motion to approve the commercial building permit. Council Member Hawkins seconded the motion. Motion was approved 6-1 with Council Member Lnenicka opposed. (B) Iidgeview Institute-3995 South Cobb Drive —Residential Care Facility Mayor Bacon stated that citizens had requested to speak on this issue and recognized Ms. Felicia McDade, 4130 Ridge Road, who thanked Council Member Lnenicka, Mr. Miller and Mr. Fink for their assistance during this building process. Ms. McDade stated that she is concerned that this is a halfway house and that her privacy is being invaded with the expansion of this facility. Ms. McDade asked il' a privacy wall could be built and additional landscape installed. Ms. McDade showed those present some photographs of the affected area which she had brought. Mayor Bacon recognized Ginger Lewis, 4108 Ridge Road, who stated that Ridgeview Institute representatives notified the local homeowners of the plans for expansion in February of 2001 and that she is concerned with tree replacement and privacy. Ms. Lewis advised she would like particulars of any proposed provisions to be put in writing. Councilman Lnenicka recognized Mr. Fink, Ridgeview Institute, who stated that the Ridgeview Institute will not encroach upon anyone's private property and that trees will be replanted along the property line. Mr. Fink stated that there is a 40 foot buffer zone. Mr. Fink stated that he can not commit to the number of trees or type that will be replanted until the budget is complete. Mr. Fink stated that he has agreed to split the cost for planting Leland Cypress Trees on Ms. McDade's private property. Ms. McDade stated that the buffer needs to be replanted. Councilman Lnenicka asked Mr. Miller to explain the tree ordinance requirements for replanting a tree buffer and Mr. Miller stated that the minimum buffer requirement is 10 feet. Mr. Miller stated that the City requires specific types of pine trees including Virginia Pines and Loblolly Pines. Council Member Lnenicka asked Mr. Fink if he would be willing to consider using Leyland Cypress as a replacement tree, and Mr. Fink stated yes if the cost of the Leland Cypress will not increase his overall budget by more than $3,000.00. Mr. Fink stated that he would meet all City tree replacement requirements. Councilman Lnenicka asked Mr. Miller to work closely with all persons concerned in the planning and review process and thanked Mr. Fink for his efforts to accommodate the property owners. Council Member Lnenicka made a motion to approve the commercial building permit for Ridgeview Institute with the understandings reached to be considered in the planning and review process, and Council Member Pritchett seconded the motion. Motion was approved 7-0. January 22, 2002 5 BID AWARDS: f r (A) Bid Award —Digital Base/Dispatch Mapping and Wireless Cell Phone Call Display Software Council Member Lnenicka stated bids were requested on the digital base dispatch mapping and wireless cell phone display software. Council Member Lnenicka stated SPD has reviewed the bids and recommends the bid be awarded to the low bidder meeting specifications, GeoCom of St. Cloud, Minnesota. Council Member Lnenicka made a motion that the bid for the digital base/dispatch mapping and wireless cell phone call display software be awarded to GeoCom, low bidder meeting specifications, for a total cost of $29,995. Council Member Wood seconded the motion. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of January 7, 2002, Minutes (B) Approval of Adjustment to Parks and Recreation Department Budget Council Member Scoggins made a motion to approve the consent agenda, and Council Member Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Council Member Pritchett thanked the Smyrna Fire Department members for their efforts and the citizens for their generosity. Council Member Newcomb recognized Mr. Miller who presented the building permit numbers for 2001 and reported that the next GSC meeting will be on January 31 at the Community Center. Council Member Scoggins recognized Mr. Stokes who presented the Public Works statistics for 2001. Council Member Cramer asked Mr. Stokes if the leaf trucks are running on schedule, and Mr. Stokes said yes. Council Member Scoggins recognized Ms. Kirk who thanked Lois Lewis, WXIA, Home Depot, Georgia Pacific, Department of Community Affairs and the citizens for their efforts with the Christmas Tree chipping. Ms. Kirk stated that the next Adopt a Mile is this Saturday at 9:00 a.m. Council Member Hawkins recognized Ms. Edgar who stated that the water restrictions have not been lifted and that the business license fees/occupation taxes are due. Council Member Scoggins asked Ms. Edgar if notices regarding watering restrictions have been distributed and was answered in the affirmative. Council Member Hawkins stated that he is very proud of the Smyrna Fire Department and the City's residents for their generosity. Council Member Cramer stated that the City of Smyrna is committed to providing the citizens of Smyrna with homestead exemption tax relief and commented favorably about the groundbreaking ceremony for the Veterans Memorial on January 12 and thanked Mr. Ciaccio for his assistance and encouraged citizens to purchase their Veterans Memorial brick or marble paver. Council Member Cramer advised that abandoned/inoperative vehicle ordinance violations continue to be a problem and expressed the hope that some improvement in this situation will be evident by the time the next ward meetings occur. Council Member Lnenicka recognized Chief Hook who presented the December statistics. Council Member Hawkins stated that there have been many taxicab driver homicides in the Atlanta area and congratulated Officer Coffey for his efforts in apprehending a murder suspect. Council Member Lnenicka commended Chief Hook for his department's efforts. Council Member Lnenicka advised that the Grand Jury reported positively on the Smyrna Jail. Council Member Lnenicka stated that the Veteran's Memorial Groundbreaking was a very positive event with good attendance and good press coverage. January 22, 2002 G Council Member Lnenicka congratulated Council Member Cramer for receiving the Freedom Award from the Cobb Chamber and Council Member Wood for receiving the Mack Anderson Award for Public Service. Council Member Wood recognized Ms. Bennett who encouraged citizens to check the website and highlighted the season's events. Council Member Wood recognized Mr. Seigler who presented the library statistics for the Smyrna Library. Mr. Seigler invited citizens to visit the Reflections student art exhibit in the Library, stated that tax preparers will begin Wednesday, February 6th and that there will be two tax information seminars on February 9'. Council Member Wood congratulated Mr. Seigler on the Library's continued success. Council Member Wood recognized Mr. Ciaccio who presented the Community Center's statistics for 2001. Mr. Ciaccio encouraged citizens 55 years of age and older to participate in the various activities at the Aquatic Center. Councilman Wood commended Mr. Ciaccio for the positive results reported. Council Member Wood congratulated the Smyrna Cemetery Commission for being recognized by the Cobb Landmarks and Historical Society and a local newspaper for their efforts. SHOW CAUSE HEARING: (A) Alcoholic Beverage Violation - Leroy's Liquors - 2230 South Cobb Drive - Agent/Owner Geralyn Burns Mr. Corey advised the first offense at the subject establishment occurred on August 13, 1999 when a 19-year old informant of the Smyrna Police Department (SPD) purchased alcoholic beverages from clerk Yousef Parman, who was charged with alcohol sales to a minor and assessed a 4-day suspension of the privilege license for alcohol sales. Mr. Corey stated the second offense occurred on December 21, 1999 when an 18-year old informant of the SPD purchased alcoholic beverages from clerk Geralyn Parman, who was charged with alcohol sales to a minor and assessed a 20-day suspension of the privilege license for alcohol sales. Mr. Corey advised the third offense occurred on August 17, 2001 when a 17-year old informant of the SPD allegedly purchased alcoholic beverages from clerk Mostafa Karimkhan- Zand. Mr. Corey stated the case was scheduled to be heard in the Smyrna Municipal Court, but Mr. Karimkhan-Zand failed to appear. Mr. Corey reported that this was the third offense for this location since August 13, 1999. Mr. Cochran administered the oath to those who would be presenting testimony in this hearing. Mayor Bacon recognized Ofc. Joe Bennett who stated that on August 17, 2001 the SPD, working in conjunction with the Cobb County Underage Drinking 'Task Force, was conducting an underage alcohol operation during which an underage informant was utilized to check various locations for compliance with alcohol sales regulations. Ofc. Bennett advised that at 1900 hours a 17-year old informant and Ofc. Dobson went into Leroy's Liquors at 2230 South Cobb Drive and the 17-year old informant purchased a six-pack of Budweiser beer. The clerk who sold the beer did not ask to see identification. Ofe. Bennett stated the transaction was monitored and recorded by an audio and video device. Ofc. Bennett reported the purchase totaled $5.77 and the $20 bill used to make the purchase was recorded previous to the incident and was later recovered from the subject location. Ofc. Bennett advised that Lt. Zgonc issued citation #242319 for the offense of sale of alcohol to a minor and that the purchased six-pack of beer was logged into a property sheet and placed in evidence locker # 1 by Ofc. Dobson. Ofc. Bennett stated the offender was released on a copy of the charges with a court appearance scheduled for September 18, 2001. Mayor Bacon asked Ofc. Bennett if he had the evidence with him and was answered in the affirmative. Council Member Cramer asked Ofc. Bennett how many locations were checked on that date and was advised that several establishments along Atlanta Road and Windy Hill Road to South A. i , ,i i ., January 22, 2002 7 Cobb Drive were checked. Council Member Cramer asked if these checks were done independently by SPD without direction by any city officials, and Ofc. Dobson answered in the affirmative. Council Member Cramer,asked if the same techniques, i.e., recorded currency identifiers, audio -video recording, etc., were used at all locations checked, and Ofc. Dobson advised the same techniques were used consistently and that he recalled that $80 worth of bills with identifying information pre-recorded were carried. Council Member Lnenicka asked Ofc. Dobson to confirm that the informant was seventeen years old and that no attempt was made by the clerk at Leroy's Liquors to check for identification and was answered in the affirmative. Council Member Lnenicka asked Ofc. Dobson if, in his opinion, the informant would pass for a seventeen-year old and Ofc Dobson answered yes. Council Member Newcomb asked Ofc. Bennett to confirm that a total of twenty checks were done on the date of the incident at Leroy's Liquors and was answered in the affirmative. Council Member Newcomb asked if the violation at Leroy's Liquors was the only one found on that date, and Ofc. Bennettt advised that there were two other violations. Council Member Newcomb asked Ofc. Bennett if hearings had already ben done for the other two violations, and Ofc. Bennett said no. Mayor Bacon asked Ofc. Bennett to confirm that the alleged violator Mostafa Karimkhan-Zand had failed to appear for his scheduled court date, and Ofc. Bennett advised the court date had been scheduled for September 18, 2001 but that he could not confirm that the subject had failed to appear. Council Member Cramer recognized Mr. Bobby Arrington, who was the informant who made the purchase at Leroy's Liquors. Council Member Cramer asked Mr. Arrington if he had been able to purchase alcohol at the subject location and Mr. Arrington said yes. Council Member Cramer asked if he had been asked for identification at the time of the sale, and Mr. Arrington said no. Mayor Bacon recognized Ms. Burns who stated that she was not at work that evening and that she had drilled the clerk on checking for identification. Ms. Burns stated that Mr. Parman was present. Council Member Cramer recognized Mr. Parman who apologized for the incident and stated that the alleged offender was a friend of his who left the country three days after the incident. Mr. Parman stated that he was with him until 7:00 p.m. and that he was in another room when the violation occurred. Mr. Parman stated that business has been down since September I I" and that his business has been broken into six times in the last four months. Mr. Parman stated that lie has lost a great deal of money and asked for leniency because of the economy. Mr. Parman stated that he has tried to get in touch with his previous lawyer and has been unable to reach him. Council Member Cramer asked if the clerk was simply an employee or a friend, and Mr. Parman stated that the clerk was a friend. Council Member Cramer advised Mr. Parman that, regardless of the particular circumstances, he is responsible for making certain his business is in compliance with alcohol sales regulations and that he takes these matters very seriously. Council Member Pritchett asked Mr. Parman if he sold to a minor on August 13, 1999, and Mr. Parman stated yes. Council Member Pritchett asked Ms. Burns if she sold alcohol to a minor on December 21, 1999, and Ms. Burns stated yes. Council Member Hawkins asked Mr. Parman if Mr. Karimkhan-Zand failed to come to court, and Mr. Parman stated that Mr. Karimkhan-Zand left the country due to a sick relative. Council Member Cramer made a motion to move into executive session, and Council Member Wood seconded the motion. Motion to move into executive session was approved 7-0. Council Member Hawkins made a motion to adjourn from executive session, and Council Member Cramer seconded the motion. Motion was approved 7-0. Council Member Cramer made a motion to suspend the alcohol beverage license for 90 consecutive days beginning at 12:01 a.m. Wednesday, January 23, 2002, with five years of Class 1 probation, and Council Member Newcomb seconded the motion Council Member Newcomb asked why the show cause was for alcohol sales only, and Ms. Barber stated that there was not a citation for improper permits. Officer Dobson stated that January 22, 2002 8 this activity was part of a county -wide sting operation with a focus on sale of alcohol to underage persons. Motion was approved 7-0. Mr. Parham asked if he could be closed for three days a week so that his business could survive, and Council Member Cramer stated that the severity of the offense does not warrant any type of leniency. Council Member Cramer stated that the motion has already been passed. Mayor Bacon stated that the vote has already been taken and that council has been consistent with other establishments. Mr. Parham stated that other establishments have been able to open three days a week, and Council Member Lnenicka stated that those establishments are in Cobb County. Council Member Newcomb stated that Mayor and Council have a responsibility to protect its citizens, and that the Mayor and Council have rendered a fair decision. Council Member Lnenicka stated that he supports Council's decision and that Mr. Parham's general business license has not been revoked and stated that Mayor and Council must treat everyone the same and consistently and that is what has happened this evening. Mayor Bacon stated that the decision made is lenient in view of the fact that it is a third violation and that the vote is final. ADJOURNMENT: With no further business, the meeting adjourned at 10:26 p.m. A. MAX BACON, MAYOR K LLIE BARBER, CITY CLERK J'-- jj',ROTCHETT�, JJG RON NEWCOMB, WARD 2 BILLS OGGINS, WW 3 P, - JAMES 4.14AWKINS, WARD 4 J K WADE S. LNENIC", WARD 6 CIIALES PETS WOOD, WARD 7 R 7 CRAMER, WARD 5 1 Resolution It is herby resolved that the City of Smyrna may convey the property attached hereto as Exhibit "A" to the Downtown Smyrna Development Authority. It is further resolved that the Mayor may execute any and all documents incident to such conveyance. Passed this 28th y of, January' 2002. A. Max Bacon, Mayor Attest: 1 LQ-C�, �� J Kellie Barber, City Clerk (Seal)