06-21-2021 June 21, 2021 M&C Meeting Minutes - SIGNED - LF"0 1tr/2 C
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Monday, June 21, 2021
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Rollcall
City of Smyrna
Meeting Minutes - Final
City Council
7:00 PM
A. Max Bacon City Hall
Council Chambers
2800 King Street SE
Smyrna, GA. 30080
Council Chambers
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 - Scott Cochran
Call to Order
Staff: 9 - Penny Moceri, Heather Peacon-Corn, Tina Monaghan, Tyler Addison,
Jennifer Bennett, Andrea Boyes, Russell Martin, Frank Martin and Landon
O'Neal
Mayor Derek Norton called the June 21, 2021 Mayor and Council Meeting to order at
7:00 PM.
Invocation and Pledge:
Deacon Michael Garrett, St. Thomas the Apostle Catholic Church (4300 King Springs
Rd) delivered the Invocation and led all in the Pledge of Allegiance.
Agenda Changes:
Mayoral Report:
There were no agenda changes.
Mayor Norton recognized the Smyrna Arts Council that donated artwork to display
around City Hall for all to see. The Mayor asked them to stand and be recognized
while he read each of their names.
Land Issues/Zonings/Annexations:
City of Smyrna
48 Public Hearing - V21-054 - Allow encroachment into the 75-foot
impervious setback for a front porch - Land Lot 554 - 3700 Ashwood
Drive - Kristin Tahirovic
Community Development Director Rusty Martin provided background information on the
request. The applicant is requesting a variance to allow lencroachment into the City's
75-foot impervious setback to construct a new front porch at 3700 Ashwood Drive, The
City's stream buffers are controlled by Chapter 46 of the City's Code of Ordinances.
The applicant is requesting relief from the City's 75-foot impervious setback to extend
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the front porch in the front yard. According to Section 1403 of the Zoning Ordinance,
variances must be reviewed under the following standards: (1) Whether there are
unique and special or extraordinary circumstances applying to the property, (2)
Whether any alleged hardship is self-created by any person having an interest in the
property, (3) Whether strict application of the relevant provisions of the code would
deprive the applicant of reasonable use of the property, and (4) Whether the variance
proposed is the minimum variance needed. Community Development has reviewed the
request against the variance review standards and found it to be in compliance with
four (4) of the four (4) standards. After a review of the standards above, Community
Development believes that the encroachment will not adversely affect surrounding
residents; therefore, staff recommends approval of the requested variance with the
following conditions:
1.Approval of the subject property for the requested variance shall be conditioned upon
the development of the property in substantial compliance with the site plan and
elevations submitted with the variance application.
The public hearing was announced and no one came forward to speak.
Mayor Norton turned the item over to Councilmember Tim Gould who offered a little
additional insight into the request.
Councilmember Tim Gould made a motion to approve V21-054 - Allow encroachment
into the 75-foot impervious setback for a front porch - Land Lot 554 - 3700 Ashwood
Drive - Kristin Tahirovic. 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
5. Privilege Licenses:
There were no privilege licenses.
6. Formal Business:
A. Approval of the Downtown Concept Design and authorize the Mayor to
sign and execute all related documents.
Mayor Norton provided the background on this proposal. He began by noting that this
has been almost two years in the making based on a downtown design study by Pond
Company in 2019. The study was presented in August of 2020 and was a menu of
options to choose from. When campaigning, he heard many requests that there
needed to be a downtown refresh. There were two public input meanings. The design
was put on website, social media, city signage, etc. The plan was overwhelming
accepted positively. This plan opens up and activates the space by the fountain and
roundabout as well as connects the area with the pond and new park and brewery that
will be built. Moves the stage to the front of the community center so that all can see
the performers. Additional traffic lights and parking has been much requested by
residents. SPLOST funding will cover parking, etc. This will not impact other projects
already planned for in the City. On Wednesday, July 28, 2021 at 6:00 PM, the State of
the City Address will take place at the Community Center as well as via online
streaming. More details on future plans will be discussed at that time. The event will
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City Council
Meeting Minutes - Final June 21, 2021
be free to attend, streamed online and the recording will be available once the event is
complete.
Councilmember Charles "Corkey" Welch is in opposition to the plan. The main thing
that came out of the meeting that Councilmember Susan Wilkinson recently had was
that people wanted change but they wanted options. He does not agree with the
parking garage. Traffic flow also concerns him. He would like to see several options
from which to choose.
Councilmember Travis Lindley (by phone) shared his thoughts on the project When
campaigning, he also heard that downtown needed to be refreshed. It is pretty clear
that the proposal is in the correct direction. Overall residents of Ward 3 are in support
of using what is already there and making it better. What has been set forth in
concept, will help move forward.
Councilmember Susan Wilkinson agreed with Councilmember Welch. The plan was
supposed to be a high level plan with details to be discussed. She feels that the
process was not thorough enough. The devil is in the details and the details have
been skipped over which is not the way to move forward. She thinks the roundabout
works well for traffic as well as for events. Network of neighborhood streets and a
traffic study is needed to see where the flow will go. She feels we already have a
classic, charming downtown area that serves people well.
Councilmember Tim Gould thanked everyone for coming out and sharing their thoughts
and feelings on the design. Supportive of the plan for several reasons. More open
green space, more pedestrian friendly, can be used year round with more gathering
areas for events. No design is going to be perfect. Parking deck was in the SPLOST
plan and was already voted on and approved. Traffic for Campbell High School has
created some recent issues but there are plenty of alternate routes other than the
traffic circle.
Councilmember Austin Wagner wants the downtown to be more pedestrian friendly,
green space where it is safer to walk. Places for community engagement. Parking
deck can be made to look nice so it is not an eyesore. If there is an option to park,
people will walk. He does have some concerns about traffic and thinks that it is
something that can continue to be worked on and improved.
Councilmember Lewis Wheaton said making these types of decisions are what makes
their job so difficult. It is hard to make everyone happy. Correspondence is that
people want attention paid to the details. Approving the concept allows for
opportunities down the line to focus on the details. This is the process on how to
move forward. Passionate about stronger focus on the environment and the feel of the
community that we have. The deterioration of the fountain provides an opportunity to
see what can be done to improve something that was already so wonderful.
Mayor noted that this will not disturb any of the planned events already in place and
that no shovels will go in the ground until at least November.
Councilmember Glenn Pickens said this is a wonderful opportunity to expand what
people love to use at the Veteran's Memorial which is always full of people. Feels that
the roundabout will be forgotten.
Councilmember Wilkinson said the roundabout is used quite a bit. She feels strongly
that we need to do a traffic study. The work at Campbell High School is creating
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issues and feels that the neighborhood will be further inconvenienced by the removal
of the roundabout. All of the changes in the city are going to force existing issues to
move into neighborhoods.
Councilmember Susan Wilkinson made a motion to table the approval of the Downtown
Concept Design and authorize the Mayor to not sign and execute all related
documents. Councilmember Charles "Corkey" Welch seconded the motion.
The motion to table failed by the following vote:
Aye: 2- Councilmember Welch and Councilmember Wilkinson
Nay: 5 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Gould and Councilmember Wheaton
Councilmember Travis Lindley made a motion to approve the Downtown Concept
Design and authorize the Mayor to sign and execute all related documents.
Councilmember Tim Gould seconded the motion.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Gould and Councilmember Wheaton
Nay: 2- Councilmember Welch and Councilmember Wilkinson
B. 2021- Approval of Amendment No. 2 to the Community Development Block
Grant (CDBG) Sub Recipient Agreement No: CD21-C21SA and
CD21-C21 SA-F for the increase in the City's grant award in the total
amount of $29,840.93. This increases the City's total amount to be
received for the 2021 CDBG Allocation to $308,480.00 and authorize the
Mayor to sign and execute all related documents.
The background was given by Ms. Moceri at the request of the Mayor. Over the past
several years CDBG funds invested in the city have paid for numerous public
improvements; and the City of Smyrna continues being a sub recipient of the Cobb
County Community Development Block Grant (CDBG) program. Effective June 9, 2021
the Sub Recipient Agreement is amended to reflect the changes as noted. All other
language, requirements and provisions of the original Sub Recipient Agreement shall
remain unchanged and in full force. That amount is broken down as follows:
Administration and Planning: Increase by $ 850.68
Public Facilities: Increase by $28990.25
Approval of Amendment No. 2 to the Community Development Block Grant (CDBG)
Sub Recipient Agreement No: CD21-C21 SA and CD21-C21 SA-F for the increase in the
City's grant award in the total amount of $29,840.93. This increases the City's total
amount to be received for the 2021 CDBG Allocation to $308,480.00 and authorize the
Mayor to sign and execute all related documents.
**NOTE** Councilmember Susan Wilkinson left the dias I meeting at 7:39PM.
Councilmember Charles "Corkey" Welch made a motion to approve Amendment No. 2
to the Community Development Block Grant (CDBG) Sub Recipient Agreement No:
CD21-C21SA and CD21-C21 SA-F for the increase in the City's grant award in the total
amount of $29,840.93. This increases the City's total amount to be received for the
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2021 CDBG Allocation to $308,480.00 and authorize the Mayor to sign and execute all
related documents. Councilmember Austin Wagner seconded the motion.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Gould and Councilmember
Wheaton
Absent: 1 - Councilmember Wilkinson
C. 2021-255 Approval to purchase a Hyperconverged Computer Infrastructure system
from Dell Technologies, One Dell Way, Round Rock, TX 78682 for the
replacement of the City's current server clusters and storage network for
the amount of $323,276 utilizing the State of Georgia Dept. of
Administrative Services contract C000000355068 and authorize the
Mayor to sign all related documents.
Ms. Penny Moceri provided the background information. Currently the City utilizes two
Microsoft Hyper-V virtual server clusters with three server each and a SAN to provide
data and compute storage. The servers are nearing end of life status and the SAN has
reached usable capacity and can not be expanded. Additionally, the support for the
SAN will run out by the end of 2021 and renewal may not be possible because the
manufacturer no longer produces SAN hardware. The Hyperconverged Computing
Infrastructure being requested replaces both the servers and SAN with a system that
can be expanded if needed and is provided by Dell Technologies,
which the city has used for computes, laptops and servers for 20 years, and has a
proven track record of providing full support. In addition to the hardware, the system
will come with the most current Microsoft server software which will replace our current
version that is also end of life. 1T would like to replace the City's Hyper-V Server
Cluster and Storage Area Network equipment that has reached end of life and end of
support status from the manufacturer. To purchase a Hyperconverged Computer
infrastructure system from Dell Technologies, One Dell Way, Round Rock, TX 78682
for the amount of $323,276, utilizing the State of Georgia Dept. of Administrative
Services contract C000000355068. The 1T Director and Finance recommends
approval to purchase the Hyperconverged Computer infrastructure systems as defined
in Dell Technology quotes 3000086571750.2 and 3000086571747.3 for the combined
amount of $323,276.
Councilmember Glenn Pickens made a motion to approve the purchase of a
Hyperconverged Computer Infrastructure system from Dell Technologies, One Dell
Way, Round Rock, TX 78682 for the replacement of the City's current server clusters
and storage network for the amount of $323,276 utilizing the State of Georgia Dept. of
Administrative Services contract C000000355068 and authorize the Mayor to sign all
related documents. Councilmember Lewis Wheaton seconded the motion.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Gould and Councilmember
Wheaton
I Absent: 1 - Councilmember Wilkinson
D. 2021-252 Approval to amend the FY 2021 budget for unbudgeted items and to
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move funds into a CIP project.
The details on this agenda item were given by Assistant City Administrator Penny
Moceri. A previous amendment was done to transfer reserves for traffic calming and
the purchase of servers. The quote for servers came in above initial estimates and will
require an additional $50, 000. The traffic calming is going to be a multi -year project
and the funds need to be transferred to the CIP fund which is a multi -year fund. We
need to amend the budget for these changes. We will be using General Fund reserves
(fund balance) for the additional $50,000. Approval to amend the FY 2021 budget for
unbudgeted items and to move funds into a CIP project.
**NOTE** Councilmember Susan Wilkinson returned to the dias / meeting at 7:46PM.
Councilmember Travis Lindley made a motion to approve to amend the FY 2021 budget
for unbudgeted items and to move funds into a CIP project. Councilmember Tim Gould
seconded the motion.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Gould and Councilmember
Wheaton
Absent: 1 - Councilmember Wilkinson
E. ORD2021-14 Approval of Ordinance 2021-14, to amend Section 50-8 (Special use
permit for consumer fireworks) in order to better regulate consumer
fireworks to the extent allowed by state law and authorize the Mayor to
sign and execute all related documents.
Ms. Moceri read aloud the background information on the ordinance. Recently, the
Georgia legislature amended state laws to give local governments more authority over
consumer fireworks in certain circumstances. In an effort to take advantage of this
state law, the city amended its applicable ordinances on May 15, 2021 with
ORD2021-07. Under this state law, local governments have little authority to regulate
fireworks on the last Saturday and Sunday in May, July 3 and 4th, the first Monday in
September and December 31 between 10 am and midnight and January 1 from 10: am
until 1:00 am. At other times, however the local government may require the fireworks
to comply with its noise ordinance. This ordinance changes the time that fireworks are
allowed so that it follows state law and allows the city to regulate fireworks as much as
the state law allows. Additionally the City has further amended the Ordinance to include
required signage and penalty. Staff recommends approval of Ordinance 2021-14, to
amend Section 50-8(Special use permit for consumer fireworks) in order to better
regulate consumer fireworks to the extent allowed by state law and
authorize the Mayor to sign and execute all related documents.
The Mayor noted that this puts into place everything that can be done and enforced
according the Georgia Law and City Attorney Scott Cochran agreed.
Councilmember Lewis Wheaton made a motion to approve Ordinance 2021-14, to
amend Section 50-8 (Special use permit for consumer fireworks) in order to better
regulate consumer fireworks to the extent allowed by state law 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:
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Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Gould
and Councilmember Wheaton
F. RES2021-03 Approve Resolution RES2021-03 in Support of the Submission of a
Rebuilding American Infrastructure with Sustainability and Equity (RAISE)
Grant Application for a Planning Project of the Cumberland Multi -Modal
Network Development Program and to authorize the Mayor to sign and
execute all related documents if necessary.
7.
8.
A.
B.
C.
Councilmember Charles "Corkey" Welch made a motion to approve Resolution
RES2021-03 in Support of the Submission of a Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) Grant Application for a Planning Project of the
Cumberland Multi -Modal Network Development Program and to authorize the Mayor to
sign and execute all related documents if necessary. Councilmember Glenn Pickens
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
Commercial Building Permits:
There were no commercial building permits.
Consent Agenda:
Assistant City Administrator Penny Moced read aloud the consent agenda at the
request of the Mayor.
Councilmember Tim Gould made a motion to approve the consent agenda as read
aloud by Assistant City Administrator Penny Moceri. 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
MIN2021-37 Approval of the June 7, 2021 Pre -Council Meeting minutes.
MIN2021-38 Approval of the June 7, 2021 Mayor and Council Meeting minutes.
2021-240 Approval to purchase Two (2) 2023 GR64B Mack chassis and Heil Dura
Pack 5000 32cubic yard rear loader using the Sourcewell Cooperative
contract # THC 112014 in the amount $466,926.00 from Carolina
Environmental System Inc. 500 Lee Industrial Blvd Austell Georgia
30168.
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D. Approval of the renewal of the current Granicus agreement for a period of
five years with website graphical refresh in 2021 including eligibility to
request a graphical refresh after completion of year four, according to
terms of the agreement and authorize the Mayor to sign and execute all
related documents.
9. Ward / Committee Reports:
Councilmember Glenn Pickens announced that the Committee on Short Tenn Rentals
will have a meeting on Wednesday, June 23, 2021.
Mayor Norton said that he is very proud of the Council and the hard choices that they
have to make. He is very pleased to have this group representing the city
10. Show Cause Hearings:
There were no show cause hearings.
11. Citizen Input:
Mr. Alex Backry, 3459 Shawnee Trail, feels that the last 20 years in Smyrna has been
a socialist movement. Apathy and lack of knowledge of the Council. He disagrees
with comments of the Mayor because many people don't know about what is going on.
Why we are paying for a bridge that is not in our territory? Knowledge is power and
people don't know what is going on. We don't need parking or a brewery. He asked
for extended time to speak and was denied.
Mr. David Lincoln, 2860 Packwood Road, concerned about the projects because Windy
Hill is still unresolved and it seems like a SPLOST project that is not complete and
seems like it is on a back burner. Need to resolve Windy Hill before making traffic
study. The redesign plan will cause traffic to go into neighborhoods and create
problems for residents. He would like to see the expansion toward other areas in the
city where there are spaces to put parking and businesses such as brewery.
Mr. Mike McNabb, 750 Austin Drive, past Councilmember, agrees that the downtown
needs to be refreshed. Paint in bold colors. Not the finest hour and the public is
frustrated. Elected officials are always months ahead of the public and there is a need
to allow the public to catch up with the plans already reviewed by those on the inside.
Weeks and month of meetings went into the original downtown plan followed by weeks
and months of further planning. He showed the planning and zoning regulations for
planning and zoning requests for residents and private property which requires 60 days
before it gets to Mayor and Council. On additional SPLOST items, give the public
plenty of time to review and process projects.
Ms. Montserrat Knowlton, 1367 Poplar Pointe, has lived in Smyrna since 1993. Reads
the newspaper every day and first time she saw the changes in the paper was either
Friday or Saturday. The changes are all originated by the sale of a piece of land to a
brewery. She asked about the sale of the land to the brewery. She feels that a
brewery does not improve the quality of life for people.
12. Adjournment:
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Meeting Minutes - Final June 21, 2021
Mayor Derek Norton adjourned the June 21, 2021 Mayor and Council meeting at 8:11
PM.
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MAYOR AND COUNCIL MEETING
IDREZ.�N.RTON
MAYOR
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AUSTIN WAGNER, WARD 2
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CHARLES A. WELCH, WARD 4
TIM GOULD, WARD 6
MAYOR PRO TEM
4HETHER K. PEACON-CORN
CITY CLERK
GLENN PICKENS, WARD I
TRAVIS LINDLEY, WARb 3
SUS, N WILKINSON, WARD 5