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Monday, December 7, 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 / 200 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 6, 2020 at
11:00 PM***
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 MONDAY, DECEMBER 7, 2020 by 12:00 NOON as to additional
details of these procedures.
Thank you for your cooperation as we navigate new ways to encourage Public Comment.
Rollcall
Present: 6 - Mayor Derek Norton, Councilmember Austin Wagner, Councilmember Travis
Lindley, Councilmember Susan Wilkinson, Councilmember Tim Gould and
Councilmember Lewis Wheaton
Absent: 2 - Councilmember Glenn Pickens and Councilmember Charles Welch
Also Present: 1 - Jeffrey Tucker
Call to Order
Staff: 6 - Joe Bennett, Penny Moceri, Heather Peacon-Corn, Russell Martin, Carol
Sicard and Tina Monaghan
Mayor Derek Norton called the December 7, 2020 Mayor and Council Meeting to order
at 7:00 PM.
Invocation and Pledge:
Councilmember Lewis Wheaton delivered the Invocation and led all in the Pledge of
Allegiance.
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A.
Agenda Changes:
Mayoral Report:
There were no agenda changes.
There was no Mayoral Report.
Land Issues/Zonings/Annexations:
There were no land issues/zonings/annexations.
Privilege Licenses:
LIC2020-18 Privilege License Request LIC 2020-18 - Beer Manufacturing & Pouring
(Brewery & Retail Pouring)- 3080 Jonquil Drive - Arcanum Ventures, LLC
dba The Viking Alchemist with Robin Kosoris as agent.
Interim City Administrator Joe Bennett read the background information. Application
for privilege licenses for Arcanum Ventures, LLC dba The Viking Alchemist for the
manufacture and pouring of beer (brewery and retail pouring). Arcanum Ventures, LLC
is the owner and Robin Kosoris is the agent applicant. Robin Kosoris will be the
registered agent responsible for the sale of alcohol at 3080 Jonquil Drive. Mr. Kosoris
has been given a copy of the Alcoholic Beverage Ordinance and attended the
mandatory alcohol awareness workshop. A background investigation conducted by the
Smyrna Police Department failed to reveal information that would preclude the
issuance of this license. Robin Kosoris has agreed to abide by the guidelines set forth
by the City of Smyrna ordinance governing the sale of alcohol.
The applicant, Mr. Robin Kosoris, was present and came to the podium to answer any
questions but there were none.
Councilmember Austin Wagner made a motion to approve Privilege License Request
LIC 2020-18 - Beer Manufacturing & Pouring (Brewery & Retail Pouring)- 3080 Jonquil
Drive - Arcanum Ventures, LLC dba The Viking Alchemist with Robin Kosoris as agent.
Councilmember Tim Gould seconded the motion.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2- Councilmember Pickens and Councilmember Welch
B. LIC2020-22 Privilege License Request LIC 2020-22 - Beer and Wine (retail package)
- 1000 S. Pioneer Drive - GB License LLC dba goPuff with Eric
Ayala -Velazquez as agent.
Information on the privilege license request was given by Mr. Bennett. Eric
Ayala -Velazquez as registered agent for GB License, LLC dba goPuff requests
privilege licenses for the sale of beer and wine (retail package) at 1000 S. Pioneer
Drive. goPuff is a retail grocery that delivers only. Eric Ayala -Velazquez will be the
registered agent responsible for the sale of alcohol at the referenced location. Mr.
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Ayala -Velazquez has been given a copy of the Alcoholic Beverage Ordinance and
attended the mandatory alcohol awareness workshop. He received certificates for
Responsible Alcohol Service & Sales and Alcohol Delivery Training.
A background investigation conducted by the Smyrna Police Department failed to
reveal information that would preclude the issuance of this license. Eric
Ayala -Velazquez has agreed to abide by the guidelines set forth by the City of Smyrna
ordinance governing the sale of alcohol.
The applicant, Mr. Eric Ayala -Velazquez, was present and at Councilmember Lewis
Wheaton's request, they explained a little about the business. They have been
operating over a year with a delivery only model that has become very popular. Their
attorney was there to represent the applicant and explained that the goal is to get on
board with the State law that allows alcohol to be delivered.
Councilmember Lewis Wheaton made a motion to approve Privilege License Request
LIC 2020-22 - Beer and Wine (retail package) -1000 S. Pioneer Drive - GB License
LLC dba goPuff with Eric Ayala -Velazquez as agent. Councilmember Austin Wagner
seconded the motion.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Welch
C. 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
Sparkles Smyrna. Glenn Couey is the owner and applicant until the December 21,
2020 Mayor and Council Meeting at the request of staff. Councilmember Austin
Wagner seconded the motion.
The motion to table was carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Welch
6. Formal Business:
A. ORD2020-21 Approval of Ordinance 2020-21 for the amendment of the Code of
Ordinances of the City of Smyrna, Chapter 22, Businesses, Article,
Administrative Fees, Regulatory Fees and Occupational Taxes to amend
Section 22 through 26 - Definitions and authorizes the Mayor to sign and
execute all related documents.
Interim City Administrator Bennett noted that in preparation of the distribution of the
invoices for the renewal of occupational tax certificates, Community Development
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reviewed the state code for compliance and found the City's definition of gross receipts
varies from the State's definition. Community Development is recommending a text
amendment to bring the City's definition of gross receipts inline with the State's
definition. Community Development recommends approval of Ordinance 2020-21 for
the amendment of the Code of Ordinances of the City of Smyrna, Chapter 22,
Businesses, Article, Administrative Fees, Regulatory Fees and Occupational Taxes to
amend Section 22 through 26 - Definitions and authorizes the Mayor to sign and
execute all related documents.
Councilmember Tim Gould reiterated that this change is to keep the City in line with
the current State definitions regarding gross receipts.
Councilmember Tim Gould made a motion to approve Ordinance 2020-21 for the
amendment of the Code of Ordinances of the City of Smyrna, Chapter 22, Businesses,
Article, Administrative Fees, Regulatory Fees and Occupational Taxes to amend
Section 22 through 26 - Definitions and authorizes the Mayor to sign and execute all
related documents. Councilmember Travis Lindley seconded the motion.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Welch
B. mr-ozucu- Adoption of Resolution 2020-12 establishing that certain unclaimed
property at the Smyrna museum is a gift to and owned by the museum.
An explanation of the need for this resolution was provided by Mr. Joe Bennett. The
City has taken over operation of the Smyrna Museum and through that process found
various items of property with no historical significance or other value. Over several
years this property was received from unknown sources who have made no efforts to
claim the property. This property has continuously remained in the museum from the
time that it was received. Based on these circumstances, it is reasonable to assume
that this property was intended as a gift. To house, catalog and display only meaningful
pieces with historical significance, the City adopts this resolution so that the unclaimed
property is conclusively presumed to be a gift to and owned by, the museum.
Adoption of Resolution 2020-12 establishing that certain unclaimed property at the
Smyrna museum is a gift to and owned by the museum.
Councilmember Travis Lindley noted the reasoning for this resolution.
Councilmember Travis Lindley made a motion to approve the adoption of Resolution
2020-12 establishing that certain unclaimed property at the Smyrna museum is a gift
to and owned by the museum. Councilmember Lewis Wheaton seconded the motion.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Welch
C. RES2020-13 Adoption of Resolution 2020-13 approving the sale of a small tract of
land consisting of 0.176 acres (7653 Sq Ft.) known as the rear portion of
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lot 71 or the Reed and Walker Subdivision to the adjoining property
owner for the price of $39,259.89 and authorize the mayor to sign all
related documents.
Background was provided by interim City Administrator Bennett. in 1998, the City
received a gift of property consisting of the rear portion of lot 71 of the Reed and
Walker subdivision, the size of the property is 0.176 acres (7653 Square Feet). The
property has no road frontage, is landlocked with no access to a public road and sized
and shaped as to be incapable of being used independently. An independent appraiser
indicated that the property has marginal independent value. This is confirmed by the
five thousand -dollar ($5,000) valuation from the Cobb County Tax Assessor. The
highest and best use of the property is to assemble it with the adjoining tract. In
accordance with O. C. G.A.§ 36-37-6, the City of Smyrna is authorized to dispose of
property under certain conditions. The City concludes that this property is a narrow
strip of land with no access and is too small to be used independently. A conveyance
to the abutting property owner would produce the highest value for the property and
facilitate the highest and best use of the abutting owner's property. The abutting
property owner has agreed to purchase the property for the sum of $39, 259. A
recommendation is offered for the adoption of Resolution 2020-13 approving the sale of
a small tract of land consisting of
0.176 acres (7653 Sq Ft.) known as the rear portion of lot 71 or the Reed and Walker
Subdivision to the adjoining property owner for the price of $39,259.89 and authorize
the mayor to sign all related documents.
Councilmember Travis Lindley made a motion to approve the adoption of Resolution
2020-13 approving the sale of a small tract of land consisting of 0.176 acres (7653 Sq
Ft.) known as the rear portion of lot 71 or the Reed and Walker Subdivision to the
adjoining property owner for the price of $39,259.89 and authorize the mayor to sign all
related documents. Councilmember Austin Wagner seconded the motion.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Welch
D. 2020-497 Approval of the re -appointment of the Downtown Development Authority
(DDA) members for a one-year term to begin January 1, 2021 for the
following members: Ron Davis, Kevin Drawe, Jim Duelmer, Larry
Freeman, Kimberly Gangemi, Dianne Rasin and Jason Saliba, with
Mayor Derek Norton serving as Chairman. The term will expire
December 31, 2021.
Councilmember Travis Lindley made a motion to approve the re -appointment of the
Downtown Development Authority (DDA) members for a one-year term to begin January
1, 2021 for the following members: Ron Davis, Kevin Drawe, Jim Duelmer, Larry
Freeman, Kimberly Gangemi, Dianne Rasin and Jason Saliba, with Mayor Derek
Norton serving as Chairman. The term will expire December 31, 2021. Councilmember
Tim Gould seconded the motion.
The motion to approve was carried by the following vote:
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Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Welch
Commercial Building Permits:
There were no commercial building permits.
Consent Agenda:
The consent agenda was read aloud by Interim City Administrator Joe Bennett.
Councilmember Travis Lindley made a motion to approve the consent agenda as read
aloud by Interim City Administrator Joe Bennett. Councilmember Austin Wagner
seconded the motion.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Lindley, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Welch
2020-48C Approval of the November 12, 2020 Committee of the Whole Meeting
Minutes.
2020-487 Approval of the November 16, 2020 Pre -Council Meeting Minutes.
2020-488 Approval of the November 16, 2020 Mayor and Council Meeting Minutes.
2020-484 Approve the request for the road closure at Belmont Circle intersection
on the North side of Windy Hill Road beginning December 8th 2020
through December 23rd 2020 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
Ward / Committee Reports:
Councilmember Lewis Wheaton made mention of the need for continued perseverance
for safety measures due to COVID.
Councilmember Tim Gould echoed Wheaton's announcement to be safe and wear
masks. He also spoke about a student at Campbell High School who is now
successfully working at Nalley Toyota after receiving training.
Councilmember Susan Wilkinson brought to everyone's attention the lights around the
downtown area and encouraged everyone to take time to come out and see them.
Councilmember Travis Lindley thanked the police department for their help with
speeding and street parking. He mentioned that he was working on a letter to Cobb
Board of Elections in reference to having an early voting location closer to the city. He
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concluded by nothing that the Mount Zion cemetery wall construction is underway.
Councilmember Austin Wagner spoke about the upcoming elections and explained
that polling locations are not controlled by the city.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
There were no show cause hearings.
Mr. Ken Spencer, 679 Concord Road, wanted a private meeting with Mayor and Council
regarding HR issues.
Mayor Norton adjourned the December 7, 2020 Mayor and Council meeting at 7:22
PM.
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1 1 MAYOR AND COUNCIL MEETING
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