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12-21-2020 December 21, 2020 M&C Meeting Minutes - SIGNED with ORDS and RES2 ,s, a "p 1872 C` hQ USL Ce VFt Monday, December 21, 2020 1. City of Smyrna Meeting Minutes - Final City Council 7:00 PM 2800 King Street Smyrna, Georgia 30080 Community Center Large Gym Smyrna Community Center Large Gym 1200 Village Green Circle SE Parking and entrance to meeting on Powder Springs Street Side of Building MASKS REQUIRED / TEMPERATURE WILL BE CHECKED If you wish to speak during the Public Hearing portion of this meeting and you are unable to attend the meeting due to health concerns with Covid 19, you may participate via telephone. To participate via telephone, you must register with the City Clerk's Office by emailing your name, address and telephone number to ClerksOffice@Smyrnaga.gov. ***The deadline to register to speak via telephone is Sunday, December 20, 2020 at 11:OOPM*** Everyone that attends the meeting in person, will have an opportunity to speak and will not have to register prior to the meeting. You will need to sign the Public Hearing /Citizen Input Sign Up Sheet at the City Clerk's desk prior to the start of the meeting at 7:00 PM. If you choose to speak via telephone, you must be available to receive a call between 7:00 PM and 9:00 PM. You will be notified on December 21, 2020 by 12:OOPM noon as to additional details of these procedures. Thank you for your cooperation as we navigate new ways to encourage Public Comment. Roll Call Present: 8 - Mayor Derek Norton, Councilmember Glenn Pickens, Councilmember Austin Wagner, Councilmember Travis Lindley, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Tim Gould and Councilmember Lewis Wheaton Also Present: 1 - Jeffrey Tucker Call to Order Staff: 14 - Joe Bennett, Penny Mooed, Roy Acree, Brian Marcos, Robert Harvey, Louis Defense, Bo Jones, Russell Martin, Kristin Robinson, Carol Sicard, Joey Staubes, Patrick Tedeschi, Dan Campbell and Tina Monaghan Mayor Derek Norton called the December 21, 2020 Mayor and Council meeting to order at 7:00 PM. Invocation and Pledge: Reverend Collin Brown, St. Benedict's Episcopal Church (2160 Cooper Lake Rd) City of Smyrna Page 1 Ptinted on 11512021 City Council Meeting Minutes - Final December 21, 2020 F 0 A 4. A. delivered the Invocation and led all in the Pledge of Allegiance. Agenda Changes: Mayoral Report: Item K under Formal Business will be moved to the beginning of the Formal Business portion of the agenda per Mayor Norton. Mayor Norton read aloud his December 2020 Letter to Citizens which summarized the past twelve months and offered some insight into what to expect for the next twelve in the City of Smyrna. 2020-526 Proclamation in Recognition of Essential Workers Councilmember Lewis Wheaton read aloud the Proclamation in Recognition of Essential Workers aloud and presented the proclamation to Sgt Louis Defense, Smyrna PD, Engineer Evan McBrayer, Smyrna FD, Linda Rendle, Galleria Manor, Dr. Tina Jones, Rose Sampsell, Kroger. Land Issues/Zonings/Annexations: 2020-519 Plat Approval - Subdivision of one lot into two lots - Land Lot 334 - 3.86 acres - N Cooper Lake Rd (17033400190) - Benchmark Homes Interim City Administrator Joe Bennett provided the background. Benchmark Homes is requesting approval to subdivide their property on N Cooper Lake Rd (17033400190) into two single-family residential lots. The applicant plans to subdivide the property within the requirements of the R-15 zoning district, so no rezoning is required. The Planning Board recommended approval by a vote of 7-0 at the December 14, 2020 meeting. Community Development recommends approval of the plat for the subdivision of one parcel into two parcels for two single-family detached homes. Mr. Joey Staubes, Planner li Community Development, reviewed a power point presentation of information in regards to the plat approval request. Benchmark Homes is requesting approval to subdivide their property on N Cooper Lake Rd (17033400190) into two single-family residential lots. The applicant plans to subdivide the property within the requirements of the R-15 zoning district, so no rezoning is required. The subject property is 3.86 acres in size and is zoned R-15 (single-family residential). The proposed subdivision will result in two new lots being 84,330 sq. ft. (1.94 acres) and 84,079 sq. ft. (1.93 acres) in size. The proposed lots meet all the zoning requirements of the R-15 zoning district. Community Development has reviewed the proposed subdivision against the requirements of the R-15 zoning district. Staff believes the proposed subdivision meets the intent of the requirements of the R-15 zoning district. Community Development recommended approval of the requested subdivision. Councilmember Charles "Corkey" Welch made a motion to approve Plat Approval - Subdivision of one lot into two lots - Land Lot 334 - 3.86 acres - N Cooper Lake Rd (17033400190) - Benchmark Homes. Councilmember Austin Wagner seconded the motion. City of Smyrna Page 2 Printed on 11512021 City Council Meeting Minutes - Final December 21, 2020 The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton B. Public Hearing - Plat Approval with Variances - V20-073 - Subdivision of two lots into four lots for four single-family detached homes - Land Lot 485 - 1.8 acres - 3278 & 3288 King Springs Road - PM Builders LLC A summary of this agenda item was provided by Mr. Bennett. The applicant is requesting approval to subdivide two lots into four lots while retaining the existing R-15 zoning category. The property is currently occupied with two residential structures that will be demolished. The subdivision will allow four new single-family detached homes to be built on separate lots. The Planning Board recommended approval by a vote of 7-0 at the December 14, 2020 meeting. Community Development has reviewed the proposed plat against the requirements of the R-15 zoning district. The variances are necessary to orient the homes along King Springs and preserve vegetation and reduce land disturbance of the property. The subject property will maintain an R-15 zoning classification and will yield a density of 2.22 units per acre. Community Development recommends approval of the requested reconfiguration and replatting with conditions. Community Development Director Rusty Martin provided additional information via a Powerpoint. The applicant is requesting approval to subdivide two lots into four lots while retaining the existing R-15 zoning category. The property is currently occupied with two residential structures that will be demolished. The subdivision will allow four new single-family detached homes to be built on separate lots. The acreage of the subject properties is approximately 1.88 acres (81, 976 sq. ft.) The proposed subdivision will create four lots approximately 0.46 acres (20, 000 sq. ft.) each. The width of the lots will be range from 50 to 57 feet with a depth of approximately 400 feet. The lots have the following area: Lot 1 is 20,466 sq. ft. , Lot 2 is 21,033 sq. ft., Lot 3 is 20,342 sq. ft., and Lot 4 is 20,135 sq. ft. The City Engineer will require a site distance analysis for the driveway and the driveway will be configured such that drivers are not required to back out on King Springs Rd. To satisfy these requirements the proposed subdivision has a central common driveway, 18 feet wide, with rear entry garages that will be accessed by a shared driveway. The common driveway consolidates the number of driveways, and provides area for vehicle maneuvering at the rear of each home. The proposed subdivision will result in four new lots having frontage on King Springs Road with rear -entry garages. The proposed reconfiguration and replatting will require the following variances: 1. Reduction in the minimum side setback from 10' to 5' (Staff Supports) 2. Reduction in the minimum lot width from 85' to 50' (Staff Supports) The property could be subdivided to yield greater lot widths with a cul-de-sac, or private road to access the rear of the subject property. However, this would generate significantly greater land disturbance and tree removal. The lot width and side setback reductions are necessary to accommodate the proposed plan. The homes will have a minimum 15 feet separating each home. The proposed new lots will have a minimum area of 20, 000 sq. ft. and is consistent with the existing development pattem in this immediate area. The subject properties have a land use of Moderate Density Residential (under 4.5 units/acre). The four -lot subdivision will yield a density of 2.22 units✓acre. The property could be subdivided to yield greater lot widths with a cul-de-sac, or private road to access the rear of the subject property. However, this City of Smyma Page 3 Pdnted on 11512021 City Council Meeting Minutes - Final December 21, 2020 would generate significantly greater land disturbance and tree removal. Community Development supports the proposed site plan as it preserves significantly more vegetation than other lot configurations and allows all the homes to face King Springs Road. Furthermore, the proposed configuration reduces fiscal costs for the city associated with new road, water, and sewer infrastructure. Community Development has reviewed the proposed plat against the requirements of the R-15 zoning district. The variances are necessary to orient the homes along King Springs and preserve vegetation and reduce land disturbance of the property. The subject property will maintain an R-15 zoning classification and will yield a density of 2.22 units per acre. Community Development recommends approval of the requested reconfiguration and replatting with the following conditions: 1. The property shall maintain the following setbacks: Front - 40 feet Side — 5 feet Rear — 30 feet 2. The project shall have a minimum lot width of 50 feet. 3. A site distance analysis shall be provided for the proposed shared driveway. 4. The homes shall be rear -entry homes. 5. The development of more than 5, 000 sq. ft. of new impervious surface the Storm Water Management Ordinance would be applicable. 6. Approval is conditioned upon substantial compliance with the site plan submitted on December 9, 2020. Councilmember Susan Wilkinson asked for further information about the stormwater management condition. She also asked about the driveway width which is 18 feet. Mr Rusty Martin provided her with the requested information. Councilmember Tim Gould mentioned that he likes the homes closer to the street but he is concerned about the width of the lots. He is not comfortable with the significant lot width reduction. Mr. Martin used the illustrations from the power point to offer explanation. Mayor Norton invited the applicant to come forward. Mr. Brad Thompson offered his explanation for the design choices that were made. They will be modern farmhouse looking homes approximately 3000 square feet in the high 500's price range. Councilmember Wilkinson spoke about her concerns about the side setback and how it would effect other homes in the area. Mr. Thompson stated that he has spoke to the neighbors and agreed to put up a privacy fence to help with this. The central driveway created the need for the side setback reduction. The fact that the homes are slightly on an elevation also concerned Councilmember Wilkinson for water run off reasons. The public hearing announced and no one came forward to speak. Councilmember Travis Lindley made a motion to approve Plat Approval with Variances - V20-073 - Subdivision of two lots into four lots for four single-family detached homes - Land Lot 485 - 1.8 acres - 3278 & 3288 King Springs Road - PM Builders LLC. Councilmember Austin Wagner seconded the motion. City of Smyrna Page 4 Printed on 11512021 City Council Meeting Minutes - Final December 21, 2020 The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton C. 2020-233 Public Hearing - Zoning Request - Z20-006 - Rezoning from NS & RMA 0 - Conditional for the development of 10 single-family attached townhomes at a density of 9.3 units per acre - 1.08 acres - Land Lot 669 - 3302 Atlanta Road - Edgeline, LLC. - This item will be tabled indefinitely at the request of the Applicant. Councilmember Charles "Corkey" Welch made a motion to table indefinitely Zoning Request - Z20-006 - Rezoning from NS & RM-10 - Conditional for the development of 10 single-family attached townhomes at a density of 9.3 units per acre -1.08 acres - Land Lot 669 - 3302 Atlanta Road - Edgeline, LLC. - at the request of the Applicant. Councilmember Travis Lindley seconded the motion. The motion to table indefinitely was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton D. 2020-459 Public Hearing - Zoning Request - Z20-013 - Rezoning from NS to GC for the use as a general contractor office, professional office, and batting cage - 1.55 acres - Land Lot 339 - 3515 N Cooper Lake Rd - Tracey and Bearin Santos Interim City Administrator Bennett read aloud the following information. The applicant is requesting a rezoning from NS (Neighborhood Shopping) to GC (General Commercial) for the ability to use the existing building as a general contractor office, professional office, and indoor batting cage. A land use change from NAC (Neighborhood Activity Center) to CAC (Community Activity Center) is required. The Planning Board recommended approval by a vote of 7-0 at the November 9, 2020 meeting. Community Development recommends approval of the rezoning from NS to GC at 3515 N Cooper Lake Road with conditions. Mr. Joey Staubes, Planner 11 Community Development, provided information with power point presentation. Tracey and Bearin Santos are requesting a rezoning from NS (Neighborhood Shopping) to GC (General Commercial) for the ability to use the existing building as a general contractor office, professional office, and indoor batting cage. The subject property is zoned NS; however, it has been used commercially most recently as a tape and label manufacturer (as a non -conforming use). The property is occupied by an existing structure that will remain. The applicant is requesting to rezone the property to GC to formalize how the property has historically been used. Section 1508 of the Smyrna Zoning Code details nine zoning review factors which must be evaluated by the Planning and Zoning Board and the Mayor and Council when considering a rezoning request. The following provides the nine factors followed by an analysis of each factor in italics. Both the Applicant's response as well as Staffs analysis to each factor are listed. It is hoped that providing both responses results in a better understanding of what is actually being proposed. City of Smyrna Page 5 Printed on 11512021 City Council Meeting Minutes - Final December 21, 2020 Community Development recommends approval of the rezoning from NS to GC at 3515 N Cooper Lake Road with the following conditions: 1. The applicant shall remove vegetation and accumulated silt(sediment from the existing detention pond. 2. The applicant shall record an Inspection and Maintenance Agreement for the pond. Mayor Norton asked the applicants to come forward to the podium. Applicants Tracey and Bearin Santos came forward to explain their needs for the request. They want to expand their construction business and bring batting cage which is missing from the city. Councilmember Gould asked about the connection with the batting cages. The public hearing was announced and no one came forward to speak. Councilmember Travis Lindley made a motion to approve Zoning Request - Z20-013 - Rezoning from NS to GC for the use as a general contractor office, professional office, and batting cage - 1.55 acres - Land Lot 339 - 3515 N Cooper Lake Rd - Tracey and Bearin Santos. Councilmember Tim Gould seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton E. 2019-440 Public Hearing I NO VOTE ITEM - Zoning Request - Z19-019 - Rezoning from NRC & 01 to RM-10-PD for the development of 149 townhomes at a density of 6.22 units per acre - 23.95 Acres - Land Lots 775, 810, & 811 - 2320 Campbell Road - InLine Communities, LLC. - Tabled to the January 19, 2021 Mayor and Council meeting at th, request of the applicant. Councilmember Glenn Pickens made a motion to table Public Hearing I NO VOTE ITEM - Zoning Request - Z19-019 - Rezoning from NRC & OI to RM-10-13D for the development of 149 townhomes at a density of 6.22 units per acre - 23.95 Acres - Land Lots 775, 810, & 811 - 2320 Campbell Road - InLine Communities, LLC. - to the January 19, 2021 Mayor and Council meeting at the request of the applicant. Councilmember Travis Lindley seconded the motion. The motion to table to the January 19, 2021 Mayor and Council meeting was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton F. ORD2020-22 Approval of Ordinance ORD2020-22 - Annexation request (100% owners requesting annexation) - all tract or parcel of land lying and being in Land Lots 775, 810, & 811 of the 17th District, 2nd Section, Cobb County, City of Smyrna Page 6 Printed on 11512021 City Council Meeting Minutes - Final December 21, 2020 Georgia; a total of 23.95 acres at 2320 Campbell Road, Smyrna, GA, 30080 InLine Communities, LLC., will be effective January 1, 2021 and a part of Ward 1 and authorize the Mayor to sign and execute all related documents. - Tabled to the January 19, 2021 Mayor and Council meeting at the request of the applicant. Councilmember Glenn Pickens made a motion to table Approval of Ordinance ORD2020-22 - Annexation request (100% owners requesting annexation) - all tract or parcel of land lying and being in Land Lots 775, 810, & 811 of the 17th District, 2nd Section, Cobb County, Georgia; a total of 23.95 acres at 2320 Campbell Road, Smyrna, GA, 30080 InLine Communities, LLC., will be effective January 1, 2021 and a part of Wand 1 and authorize the Mayor to sign and execute all related documents. - to the January 19, 2021 Mayor and Council meeting at the request of the applicant. Councilmember Charles "Corkey" Welch seconded the motion. The motion to table to the January 19, 2021 Mayor and Council meeting was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton G. 2020-539 FINAL VOTE - Zoning Request - Z19-019 - Rezoning from NRC & OI to RM-10-PD for the development of 149 townhomes at a density of 6.22 units per acre - 23.95 Acres - Land Lots 775, 810, & 811 - 2320 Campbell Road - InLine Communities, LLC. - Tabled to the January 19, 2021 Mayor and Council meeting at the request of the applicant. Councilmember Glenn Pickens made a motion to table FINAL VOTE - Zoning Request - Z19-019 - Rezoning from NRC & OI to RM-10-PD for the development of 149 townhomes at a density of 6.22 units per acre - 23.95 Acres - Land Lots 775, 810, & 811 - 2320 Campbell Road - InLine Communities, LLC. - to the January 19, 2021 Mayor and Council meeting at the request of the applicant. Councilmember Travis Lindley seconded the motion. The motion to table to the January 19, 2021 Mayor and Council meeting was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton 5. Privilege Licenses: A. LIC2020-24 Privilege License Request LIC 2020-24 - Liquor (retail pouring) - 666 Smyrna Hill Drive - Sparkles of Smyrna, Inc. dba Sparkles Smyrna. Glenn Couey is the owner and applicant. - This item will be tabled to the January 4, 2021 Mayor and Council meeting at the request of the Applicant. } Councilmember Travis Lindley made a motion to table Privilege License Request LIC 2020-24 - Liquor (retail pouring) - 666 Smyrna Hill Drive - Sparkles of Smyrna, Inc. dba City of Smyrna Page 7 Printed on 11512021 City Council Meeting Minutes - Final December 27, 2020 6. K. Sparkles Smyrna. Glenn Couey is the owner and applicant. - to the January 4, 2021 Mayor and Council meeting at the request of the Applicant. Councilmember Susan Wilkinson seconded the motion. The motion to table to the January 4, 2021 Mayor and Council meeting was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton Formal Business: 202U-521 Approval of the FY 2021 budget amendment for staff merit increases, Public Safety raises, and Paramedic raises. The background was read aloud by Mr. Joe Bennett at the request of the Mayor. As part of the annual budgeting process an estimate for the annual merit increases, and one-time public safety and paramedic increases effective January 1 was included. The merit amount was included in contingency pending Council approval. The public safety and paramedic increases were included in the Departmental budgets also pending approval by Council. Staff are scheduled to receive these increases effective January 1, 2021. A budget amendment not to exceed $257, 000 is needed to move the funds out of contingency and place them in the departmental budgets. Half year amounts for these increases will not exceed $257, 000.00 for the merit increase, $292, 000.00 for the public safety raise, $35, 000.00 for the paramedic raise. Applicable FICA taxes are included in these amounts. Approval of FY21 budget amendment for staff merit increases, Public Safety raises, and Paramedic raises and authorize the Mayor to sign any related documents. Mayor Norton invited Acting Police Chief Robert Harvey and Fire Chief Roy Acree up to the podium. He then provided some explanation of the raises. Chief Acree thanked everyone for the support. He spoke about the impact on public safety recently and said that the departments have never felt anything but support from the City. Acting Chief Harvey thanked everyone and spoke about the well trained people that work together that make up the Smyrna Police and Fire Departments. Mr. Bennett thanked Mayor and Council for the support that they have shown. 2020 has been a rough year for everyone but especially for those in public safety. Councilmember Charles "Corkey" Welch made a motion to approve the FY 2021 budget amendment for staff merit increases, Public Safety raises, and Paramedic raises. Councilmember Tim Gould seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton A. 2020-51 E Approval of the Re -appointment of Ward 1 resident, Shawn Garcia, to the Keep Smyrna Beautiful Board. This is a two-year term that expires City of Smyrna Page 8 Printed on M2021 City Council Meeting Minutes - Final December 21, 2020 i�aINYPIkly*14 Councilmember Glenn Pickens made a motion to approve the Re -appointment of Ward 1 resident, Shawn Garcia, to the Keep Smyrna Beautiful Board. This is a two-year term that expires 12/31/2022. Councilmember Travis Lindley seconded the motion. The motion to approve was carried by the following vote: Aye: 7- Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton B. 2020-517 Approval of the re -appointment of Joel Powell to the Smyrna Planning and Zoning Board for a two-year term to expire December 31, 2022. Councilmember Travis Lindley made a motion to approve the re -appointment of Joel Powell to the Smyrna Planning and Zoning Board for a two-year term to expire December 31, 2022. Councilmember Charles "Corkey" Welch seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton C. Approval of appointment of Mr. Sean Tintle as the Mayor's appointee to the Smyrna Housing Authority. This is a five-year term to expire December 2025 Councilmember Charles "Corkey" Welch made a motion to approve of the appointment of Mr. Sean Tintle as the Mayor's appointee to the Smyrna Housing Authority. This is a five-year term to expire December 2025. Councilmember Travis Lindley seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton D. Approval of appointment of Ms. Cheri Harrington as the Mayor's appointee to the Smyrna Parks and Recreation Commission. This is a two-year term to expire December 2022. Councilmember Susan Wilkinson made a motion to approve the appointment of Ms. Cheri Harrington as the Mayor's appointee to the Smyrna Parks and Recreation Commission. This is a two-year term to expire December 2022. Councilmember Lewis Wheaton seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton City of smyma Page 9 Printed on 1/5aO21 City Council Meeting Minutes - Final December 21, 2020 E. 2020-541 Approval of the Re -appointment of Ward 5 resident, Maggie McGarity, to the Keep Smyrna Beautiful Board. This is a two-year term that expires 12/31/2022. Councilmember Susan Wilkinson made a motion to approve the Re -appointment of Ward 5 resident, Maggie McGarity, to the Keep Smyrna Beautiful Board. This is a two-year term that expires 12/31/2022. Councilmember Travis Lindley seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton F. Approval of the Re -appointment of Ward 6 resident, Nell Robinson, to the Keep Smyrna Beautiful Board. This is a two-year term that expires 12/31/2022. Councilmember Tim Gould made a motion to approve the Re -appointment of Ward 6 resident, Nell Robinson, to the Keep Smyrna Beautiful Board. This is a two-year term that expires 12/31/2022. Councilmember Susan Wilkinson seconded the motion. The motion to approve was carried by the following vote: Aye: 7- Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton G. 2020-528 Appointment of Human Resources Manager, TaLisha Champagne, as the Civil Service Board Clerk. Councilmember Travis Lindley made a motion to approve the appointment of Human Resources Manager, TaLisha Champagne, as the Civil Service Board Clerk. Councilmember Lewis Wheaton seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton H. 2020-529 Approval to hire Ms. Andrea Worthy as the Economic Development Director for the City of Smyrna. Mayor Norton asked Ms. Andrea Worthy if she would like to come up and say a few words. Ms. Worthy noted that she was thrilled to be returning to Smyrna as the Economic Development Director. She had seven years previously with the City of Smyrna and eight years with the City of Sandy Springs. Councilmember Gould said he was excited for her to be here working on an area of City of Smyrna Page 10 Printed on 11512021 City Council Meeting Minutes - Final December 21, 2020 much importance to the successful growth of the City. Councilmember Wilkinson remembered Ms. Worthy from when she first came into office over 8 years ago and is excited to be working with her. Councilmember Lindley said that the hire of Ms. Worthy is a monumental step toward successful economic development in the city. Councilmember Austin Wagner made a motion to approve to hire Ms. Andrea Worthy as the Economic Development Director for the City of Smyrna. Councilmember Susan Wilkinson seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton I. 2020-534 Authorization to approve the Cobb Framework Agreement (CFA) for the construction of a silent railroad crossing on Nickajack Rd. Interim City Administrator Joe Bennett gave some insight into this agenda item. Cobb County is requesting an Amendment to the previously approved CFA Agreement for a silent railroad crossing at Nickajack Rd. (nearest address 561 Summertree Ct). The Amendment is required due to increased project costs from Norfolk Southern. Funds to be allocated from the 2016 SPLOST. This should be the same as your title with the addition of "and authorize the Mayor to sign and execute all related documents" if necessary Authorization to approve the Cobb Framework Agreement (CFA) for the construction of a silent railroad crossing on Nickajack Rd and authorize the Mayor to sign and execute all related documents. Ward 7 Councilmember Lewis Wheaton spoke about this being a huge quality of life issue for those living in that surrounding area. Many are grateful that this will finally be coming to fruition. Councilmember Lewis Wheaton made a motion to approve the Cobb Framework Agreement (CFA) for the construction of a silent railroad crossing on Nickajack Rd. Councilmember Travis Lindley seconded the motion. The motion to approve was carried by the following vote: Aye: 7- Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton J. 2020-535 Authorization to approve Annual Maintenance Agreement between Cobb County and the City of Smyrna for the Nickajack Silent Railroad Crossing. Councilmember Lewis Wheaton made a motion to approve Annual Maintenance Agreement between Cobb County and the City of Smyrna for the Nickajack Silent Railroad Crossing. Councilmember Travis Lindley seconded the motion. The motion to approve was carried by the following vote: City of Smyrna Page 11 Printed on 11512021 City Council Meeting Minutes - Final December 21, 2020 Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton L. Approval of Resolution 2020-14 reaffirms the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Explanation was given by Mr. Joe Bennett. During May 2001, the City council approved a resolution authorizing the City to collect $1.50 per line monthly surcharges from telephone subscribers within the City to offset the costs of providing 911 telephone services to residents and visitors. In 2017, legislation was passed effectively forming a State 911 authority to maintain oversight of the auditing, collection, and distribution of 911 surcharges. Effective January 1, 2019, the State of Georgia, under a 911 Authority, began centralized collection of E-911 surcharges. The current $1.50 per line surcharge will remain the same but will be collected by the state and distributed to local jurisdictions. Staff recommends approval of Resolution 2020-14 extending the emergency 911 surcharge and allowing the State of Georgia to collect on the City of Smyrna's behalf. Councilmember Travis Lindley made a motion to approve of Resolution 2020-14 reaffirms the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Councilmember Charles "Corkey" Welch seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton M. RES2020-1P Approval of Resolution 2020-16 imposing a 911 charge on prepaid wireless service at the retail point of sale at the rate of $1.50 per retail transaction and revenues received by a municipality and authorize the Mayor to sign and execute all related documents. Interim City Administrator Joe Bennett explained that Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, authorizes counties and cities that operate a 9-1-1 public safety answering point to impose a 9-1-1 charge on prepaid wireless service at the retail point of sale and pursuant to Code Section 46-5-134.2 of the Official Code of Georgia Annotated, such charges shall be imposed at the rate of $1.50 per retail transaction and revenues received by a county or municipality from such charges must be deposited in the emergency telephone system fund maintained by the county or municipality. Imposition of the charge on prepaid wireless service is contingent upon the enactment of an ordinance or resolution of the county or municipality and the City of Smyrna operates a 9-1-1 public safety answering point and the City Council does now deem it in the best interest of the citizens of the City of Smyrna to impose such a charge. Approval of Resolution 2020-16 imposing a 911 charge on prepaid wireless service at the retail point of sale at the rate of $1.50 per retail transaction and revenues received by a municipality and authorize the Mayor to sign and execute all related documents and authorize the Mayor to sign and execute all related documents. Councilmember Travis Lindley made a motion to approve of Resolution 2020-16 imposing a 911 charge on prepaid wireless service at the retail point of sale at the rate City of Smyma Page 12 Printed on 1/5/2021 City Council Meeting Minutes - Final December 21, 2020 of $1.50 per retail transaction and revenues received by a municipality and authorize the Mayor to sign and execute all related documents. Councilmember Susan Wilkinson seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton N. Approval of Resolution 2020-17 imposing a 911 charge on postpaid wireline, wireless and voice over internet protocol (V.O.I.P) telephone service at the answering point at the rate of $1.50 per month received by a municipality and authorize the Mayor to sign and execute all related documents. Mr. Bennett provided background. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, authorizes counties and cities that operate a 9-1-1 public safety answering point to impose a 9-1-1 charge on the postpaid wireline, wireless and V O.I.P. telephone bill, and pursuant to Code Section 46-5-134 of the Official Code of Georgia Annotated, such charges shall be imposed at the rate of $1.50 per month; and revenues received by a county or municipality from such charges must be deposited in the emergency telephone system fund maintained by the county or municipality. Imposition of the monthly charge is contingent upon the enactment of an ordinance or resolution of the county or municipality,- and the City of Smyma operates a 9-1-1 public safety answering point, and the City Council does now deem it in the best interest of the citizens of the City of Smyrna to impose such a charge. Approval of Resolution 2020-17 imposing a 911 charge on postpaid wireline, wireless and voice over intemet protocol (V.O.1.P) telephone service at the answering point at the rate of $1.50 per month received by a municipality and authorize the Mayor to sign and execute all related documents. Councilmember Travis Lindley made a motion to approve of Resolution 2020-17 imposing a 911 charge on postpaid wireline, wireless and voice over internet protocol (V.O.I. P) telephone service at the answering point at the rate of $1.50 per month received by a municipality and authorize the Mayor to sign and execute all related documents. Councilmember Charles "Corkey" Welch seconded the motion. The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton 7. Commercial Building Permits: There were no commercial building permits. 8. Consent Agenda: interim City Administrator Joe Bennett read aloud the consent agenda. Councilmember Austin Wagner made a motion to approve the consent agenda as read aloud by Interim City Administrator Joe Bennett. Councilmember Glenn Pickens seconded the motion. City of Smyrna Page 13 Printed on 11512021 City Council Meeting Minutes - Final December 21, 2020 The motion to approve was carried by the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Gould and Councilmember Wheaton A. Approve the request for the road closure at Belmont Circle intersection on the North side of Windy Hill Road beginning January 5, 2021 through January 23, 2021 (weather permitting) as requested by Baldwin Paving Company for the construction of a temporary road for a lane shift on the Windy Hill Boulevard project Weather permitting B. Authorization Community Development Block Grant Expenditure Extensions (PY2018, 2019, & 2020) and authorize the Mayor to sign and execute all related documents. 9. Ward / Committee Reports: Mayor Norton thanked everyone for helping neighbors in need, for being safe, and for staff being so helpful. He wished everyone a Merry Christmas. Councilmember Glenn Pickens wished everyone a Merry Christmas and Happy New Year. Councilmember Austin Wagner gave holiday greetings and reminded everyone of early voting that will take place at the Smyrna Community Center. Councilmember Travis Lindley echoed the others that spoke before him. He noted the challenging year and wished every Happy New Year. He asked everyone to please reach out if you need help. Councilmember Charles "Corkey" Welch wished everyone a Happy New Year. Councilmember Susan Wilkinson reiterated the holiday greetings and well wishes of her fellow elected officials. Councilmember Tim Gould expressed his appreciation to staff and the tremendous job that they do. He thanked those in Ward 6 for the opportunity to serve them. He concluded his report by reminding everyone to stay safe. Councilmember Lewis Wheaton wished all the happy holidays and be safe. Interim City Administrator Joe Bennett thanked the community for their support of public safety. 10. Show Cause Hearings: There were no show cause hearings. 11. Citizen Input: City of Smyrna Page 14 Printed on 11512021 City Council 12. Adjournment: Meeting Minutes - Final December 21, 2020 No one signed up to participate in citizen input. Mayor Norton adjourned the December 21, 2020 Mayor and Council meeting at 8:14 PM. CityoiSmyma Page 15 Printed on 11512021 1 MAYOR AND COUNCIL MEETING o'AM1u�l- DEREK NORTON MAYOR AUS IN WAGNER, WARD 2 CHARLES A. WELCH, WARD 4 '64 TIM GOULD, WARD 6 MAYOR PRO TEM HEATHER K. PEACON-CORN CITY CLERK wvy G ICKENS, WARD I �q' &2qn TRAVIS LINDLEY, WARD 3 rd •1%,11167.101WOI • •'0 WIS WHEATON, WARD 7 O'icia! City Seal Resolution 2020-14 - 911 Emergency 911 Telephone Service December 20, 2020 RESOLUTION 2020-14 EMERGENCY 911 TELEPHONE SERVICE WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, the City of Smyrna has established a separate restricted revenue fund into which the 911 charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced 911 system; and WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911 charge on telephone subscribers; NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Passed this 21 st day of December 2020. CITY SEAL Derek Norton, Mayor ATTEST: ( -- Heather Peacon-Corn, City Clerk as to City Attorney Zc kort — Resolution 2020-16 - 911 Wireless Prepaid Charges December 21, 2020 RESOLUTION 2020-16 A RESOLUTION AUTHORIZING A 9-1-1 CHARGE ON PREPAID WIRELESS TELEPHONE SERVICE WITHIN the City of Smyrna, GEORGIA WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, authorizes counties and cities that operate a 9-1-1 public safety answering point to impose a 9-1-1 charge on prepaid wireless service at the retail point of sale; and WHEREAS, pursuant to Code Section 46-5-134.2 of the Official Code of Georgia Annotated, such charges shall be imposed at the rate of $1.50 per retail transaction; and WHEREAS, revenues received by a county or municipality from such charges must be deposited in the emergency telephone system fund maintained by the county or municipality; and WHEREAS, imposition of the charge on prepaid wireless service is contingent upon the enactment of an ordinance or resolution of the county or municipality; and WHEREAS, the City of Smyrna operates a 9-1-1 public safety answering point; and WHEREAS, the City Council does now deem it in the best interest of the citizens of the City of Smyrna to impose such a charge; then IT IS HEREBY RESOLVED as follows: Section 1.9-1-1 Charge on Prepaid Wireless Transactions In accordance with O.C.G.A. § 46-5-134.2, there is hereby imposed a prepaid wireless 9-1-1 charge as defined by O.C.G.A. § 46-5-134.2(a)(4) upon every prepaid wireless retail transaction occurring within the jurisdiction of the public service answering point in the amount of $1.50. Section 2. Collection of 9-1-1 Charge on Prepaid Wireless Transactions Prepaid wireless 9-1-1 charges collected by retailers shall be remitted to the Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency Communications Authority, at the times and in the manner provided by O.C.G.A. 46-5-134.2 and any other Georgia Department of Revenue or Georgia Emergency Communications Authority regulation or policy. •, r ��Y.%\ '..._ e Resolution 2020-16 - 911 Wireless Prepaid Charges December 21, 2020 Page 2 Section 3. Administrative Provisions The Clerk of the City is hereby directed to file with the State Revenue Commissioner a certified copy of this ordinance and amendments thereto, in accordance with O.C.G.A. § 46-5-134.20)(1), within ten (10) days of enactment of this ordinance or future amendment. Section 4. Depositing of Funds; Use of Funds In accordance with O.C.G.A. § 46-5-134.20)(4), funds received by this city from charges imposed by this ordinance shall be deposited in the Emergency Telephone System Fund maintained by the city pursuant to O.C.G.A. § 46-5-134 and kept separate from general revenue of the jurisdiction; all such funds shall be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134(f). Section 5. Repealer All ordinances and parts of ordinances in conflict with this resolution are hereby repealed as of January 1, 2021. Section 6. Effective Date Any previous prepaid wireless telephone 9-1-1 charge ordinance will remain in effect until January 1, 2021. On such date, the prepaid wireless telephone 9-1-1 charge shall become $1.50 per O.C.G.A. § 46-5-134 and this resolution. SO RESOLVED in open session lawfully assembled, this the 21 st day of December, 2020. Derek Norton, Mayor ATTEST: ather Petacon-Corn, City Clerk to Nw, y Attorney L. —rw�tf CITY SEAL ...Itreiar City &t .; Resolution 2020-17 - 911 Wireless Post Paid Charges December 21, 2020 RESOLUTION 2020-17 A RESOLUTION AUTHORIZING A 9-1-1 CHARGE ON POSTPAID WIRELINE, WIRELESS, AND VOICE OVER INTERNET PROTOCOL ("V.O.I.P.") TELEPHONE SERVICE WITHIN the City of Smyrna, GEORGIA WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, authorizes counties and cities that operate a 9-1-1 public safety answering point to impose a 9-1-1 charge on the postpaid wireline, wireless and V.O.I.P. telephone bill; and WHEREAS, pursuant to Code Section 46-5-134 of the Official Code of Georgia Annotated, such charges shall be imposed at the rate of $1.50 per month; and WHEREAS, revenues received by a county or municipality from such charges must be deposited in the emergency telephone system fund maintained by the county or municipality; and WHEREAS, imposition of the monthly charge is contingent upon the enactment of an ordinance or resolution of the county or municipality; and WHEREAS, the City of Smyrna operates a 9-1-1 public safety answering point; and WHEREAS, the City Council does now deem it in the best interest of the citizens of the City of Smyrna to impose such a charge; then IT IS HEREBY RESOLVED as follows: Section 1.9-1-1 Charge on Monthly Service In accordance with O.C.G.A. § 46-5-133, there is hereby imposed a postpaid wireline, wireless and V.O.I.P. telephone 9-1-1 charge as defined by O.C.G.A. § 46-5-122 upon every postpaid monthly telephone service bill occurring within the jurisdiction of the public service answering point in the amount of $1.50. Section 2. Collection of 9-1-1 Charge on Monthly Service 9-1-1 charges collected by service suppliers shall be remitted to the Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency Communications Authority, at the times and in the manner provided by O.C.G.A. §38-3-185, O.C.G.A. §38-3-186, and any other Georgia Department of Revenue or Georgia Emergency Communications Authority regulation or policy. 5 �•,4Y N. Resolution 2020-17 - 911 Wireless Post Paid Charges December 21, 2020 Page 2 Section 3. Administrative Provisions The Clerk of the City is hereby directed to file with the State Revenue Commissioner a certified copy of this ordinance and amendments thereto within ten (10) days of enactment of this ordinance or future amendment. Section 4. Depositing of Funds; Use of Funds In accordance with O.C.G.A. § 46-5-134, funds received by this city from charges imposed by this ordinance shall be deposited in the Emergency Telephone System Fund maintained by the city pursuant to O.C.G.A. § 46-5-134 and kept separate from general revenue of the jurisdiction; all such funds shall be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134(f). Section 5. Repealer All ordinances and parts of ordinances in conflict with this resolution are hereby repealed as of January 1, 2021. Section 6. Effective Date Any previous postpaid wireline, wireless and V.O.I.P telephone service ordinance(s) will remain in effect until January 1, 2021.On such date, the wireline, wireless, and V.O.I.P. telephone service 9-1-1 charge shall become $1.50 per O.C.G.A. § 46-5-134 and this resolution. SO RESOLVED in open session lawfully assembled, this the 21 st day of December, 2020. Derek Norton, Mayor ATTEST: H ather Peacon-Corn, City Clerk Approved as to form: y Attorney �Te l� CITY SEAL iclal City St..