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01-18-2022 January 18, 2022 Mayor and Council Meeting Minutes - SIGNED - LFS,t�y� Ci of Smyrna A. Max Bacon City Hall ty y Council Chambers 2800 King Street SE U Smyrna, GA. 30080 o '$'-�� 4ut�Meeting Minutes - Final CFO R�P City Council Tuesday, January 18, 2022 7:00 PM A. Max Bacon City Halt - Council Chambers Rollcall Present: 8 - Mayor Derek Norton, Councilmember Glenn Pickens, Councilmember Austin Wagner, Councilmember Travis Lindley, Councilmember Charles Welch, Councilmember Susan Wilkinson, Mayor pro tern / Councilmember Tim Gould and Councilmember Lewis Wheaton Also Present: 1 - Scott Cochran Call to Order Staff: 7 - Joe Bennett, Russell Martin, Andrea Worthy, Heather Peacon-Corn, Kash Trivedi, Jill Head and Tyler Addison Mayor Derek Norton called to order the January 18, 2022 meeting of the Mayor and Council held in A. Max Bacon City Hall Council Chambers at 7:03 PM. 1. Invocation and Pledge: The invocation and Pledge of Allegiance were led by Pastor Derek Porter of Smyrna First United Methodist Church located at 1315 Concord Rd. 2. Agenda Changes: There were no agenda changes. 3. Mayoral Report: Mayor Norton reported that Smyrna will begin being able to provide Covid-19 testing to Smyrna residents. Not only was Smyrna the only city in the state of Georgia to provide Covid-19 vaccines to its residents, but it will now be the only city to provide Covid-19 testing to its residents and staff. Look for notifications from the City in the next few days on when, where, and how to get Covid-19 tests. Mayor Norton read aloud a prepared statement: As the calendar turns to the new year Smyrna has a lot to be proud of, and we also have a ton of great things ahead of us to look forward to in 2022! We have persevered through the global pandemic and even with the current surge the light at the end of the tunnel is not far off. We continue to provide excellent service to our residents, and in 2021 returned to some of the programming that you all love, including the Jonquil Festival and the biggest Smyrna Birthday Celebration in our City's history. We capped off the year with a revamped "Coming Home for the Holidays" that turned our downtown into something like a scene from a movie. City of Smyrna Page 1 City Council Meeting Minutes - Final January 18, 2022 We took care of the men and women who keep us safe with raises for public safety personnel TWICE in 2021, and I believe we have the best police and fire departments anywhere in the country right here in Smyrna, Georgia. We moved forward with plans to refresh and revitalize our downtown, completely overhaul South Cobb Drive between Windy Hill and Concord Road in Wards 3 and 5, bring in a new Aquatics Center in Ward 6, build a new Splash Pad in Ward 7, and approved the Emerson Center mixed use development in Ward 1 near the Battery and "The Quad" interactive development in Ward 2. We have also planned for improvements to Concord Road and other measures to improve traffic flow and safety in Ward 4 and across the City. We began both short and long term strategic planning for the first time in many years in Smyrna, redoubled efforts to promote economic development across the City, launched our Racial Trust Building Initiative, put a new focus on energy efficiency, and look forward to implementing a new Smyrna Arts District. We are currently also exploring the possibility of a Smyrna Arts and Culture Center. In 2022 we will bring you annual Smyrna events that are familiar, and some that will be entirely new and exciting. And let me tell all of y'all now — you will not want to miss our 150th Smyrna Birthday Celebration in early October 2022. It's going to be unbelievable!! I am so thankful for the opportunity you have given me and my family to lead this City that we all call home. This is a special place, and the people right here in Smyrna, Georgia are the best anywhere. I always say there are two types of people in this world — those who live in Smyrna, GA, and those who wish they did! Happy New Year to all of you and your families, and may this City and all of you be blessed in 2022! Derek Norton Mayor, City of Smyrna 4. Land Issues/Zonings/Annexations: A. 2021-600 Public Hearing - Zoning Request - Z21-014 - Allow rezoning from GC to MU -Conditional for the development of 163 multi -family units, 20,409 sq. ft. of commercial/restaurant space, and 7,700 sq. ft. clubhouse space at a density of 23.5 units per acre - 6.9 acres - Land Lot 751 & 752 - S Cobb Drive & Oakdale Road - Arris Holdings. Ward 7 / Councilmember Wheaton Councilmember Lewis Wheaton made a motion to table item 2021-600, a public hearing and zoning request (Z21-014) to allow rezoning from GC to MU -Conditional for the development of 163 multi -family units, 20,409 sq. ft. of commercial/restaurant space, and 7,700 sq. ft. clubhouse space at a density of 23.5 units per acre on 6.9 acres on land lots 751 & 752 located at S Cobb Drive & Oakdale Road by applicant Arris Holdings; seconded by Mayor Pro Tem/Councilmember Tim Gould. The motion to table carried with the following vote: City of Smyrna Page 2 City Council Meeting Minutes - Final January 18, 2022 Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and Councilmember Wheaton B. 2021-598 Public Hearing - Zoning Request - Z21-016 - Allow rezoning from R-15 to R-8 for the development of two single-family homes at a density of 3.33 units per acre - 0.6 acres - Land Lot 450 - 985 Church Street - Dogwood Family Homes Ward 3 / Councilmember Lindley Joe Bennett, City Administrator, presented the following: Dogwood Family Homes is requesting a rezoning from R-15 (Residential) to R-8 (Residential) for a two -lot single-family detached subdivision. The Planning & Zoning Board recommended approval by a vote of 5-0 at the December 13, 2021 meeting. The zoning proposal is consistent with the City's Comprehensive Plan and the Future Land Use Plan. Therefore, Community Development recommends approval of the rezoning from R-15 to R-8 with a density of 3.33 units per acre at 985 Church Street with conditions. Russell Martin, Community Development Director, presented the following background: Staff are supportive of the rezoning and recommends approval with the following conditions: Standard Conditions 1. The composition of the development shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100 percent hardy plank siding. The residences along external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. All utilities within the development shall be underground. 3. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 4. No debris may be buried on any lot or common area. 5. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 6. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 7. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or three 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions 1. The development shall maintain the R-8 setbacks: Front — 40' Street Side — 7.5' Rear — 25' 2. The minimum lot size shall be 13,563 sq. ft. City of Smyrna Page 3 City Council Meeting Minutes - Final January 18, 2022 3. The minimum lot width shall be 50 feet. 4. Driveway — 22' minimum length from building face to back of sidewalk. 5. The developer shall dedicate 5 ft. of right-of-way dedication along Church Street. 6. All structures will be built to a maximum height of 35' as measured from the sidewalk along the front elevation. 7. The developer shall meet all fire access requirements deemed necessary by the Fire Marshal during construction plan review. 8. The developer shall be responsible for any water and sewer improvements deemed necessary by the Public Works Director during construction plan review. 9. The developer shall be responsible for any stormwater improvements deemed necessary by the City Engineer. 10. Approval of the subject property for the R-8-Conditional zoning district shall be conditioned upon the development of the property in substantial compliance with the site plan submitted 11/1212021 and created by Surveys Plus Inc. and all zoning stipulations above. 11. Approval of the subject property shall be conditioned upon substantial compliance with the elevations submitted on 11/1212021. 12. The additional stipulations agreed upon by the applicant in the letter submitted and dated on November 19, 2021. If there should be a discrepancy between the stipulations in the November 19, 2021 letter and the stipulations stated above, the stipulations stated above shall apply. Councilmember Lindley asked to see the front elevations and asked if there were no windows facing the front as shown on the elevation. Garvis Sams - attorney representing Dogwood Family Homes - came forward. He stated that there will be windows on the first floor and that the elevations will be refined to reflect that. Mr. Sams stated that both staff recommended approval and the Planning and Zoning Commission voted 5-0 in favor of this rezoning. The price point is going to be around $750k - $800k. They wanted to try to save as many trees as possible, but some have already had to come down because of disease. There were no questions from the Council. A public hearing was called, and no one came forward in favor of or in opposition to this item. Councilmember Travis Lindley made a motion to approve item 2021-598, a public hearing and zoning request (Z21-016) to allow rezoning from R-15 to R-8 for the development of two single-family homes at a density of 3.33 units per acre on 0.6 acres on land lot 450 located at 985 Church Street by applicant Dogwood Family Homes; seconded by Councilmember Lewis Wheaton. The motion to approve carried with the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro ter / Councilmember Gould and Councilmember Wheaton C. CVY2022-01 Approval of an abandonment of an alleyway in land lot 561 of the 17th district 2nd section, Cobb County and quit claim whatever interest of the city (if any) to the adjacent property owners to the center line and authorize the Mayor to sign and execute any related documents Ward 3 / Councilmember Lindley City of Smyrna Page 4 City Council Meeting Minutes - Final January 18, 2022 Joe Bennett, City Administrator, presented the following background. - Decades ago, an alley was used to service the existing neighborhood but is no longer used by the city. The adjacent property owners have requested that the city release whatever interest it has (if any) in the strip, through quit claim deed to the adjoining owners to the center line of the area that was originally contemplated to be a road. This is consistent with city policy. Councilmember Travis Lindley made a motion to approve item CVY2022-01, an abandonment of an alleyway in land lot 561 of the 17th district 2nd section, Cobb County and quit claim whatever interest of the city (if any) to the adjacent property owners to the center line and authorize the Mayor to sign and execute any related documents, seconded by Councilmember Charles Welch. The motion to approve carried with the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and Councilmember Wheaton 6. Privilege Licenses: There were no privilege licenses. 6. Formal Business: A. RES2022-01 Approval of Resolution RES2022-01 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. Ward / Citywide Mayor Pro Tem/Councilmember Tim Gould made a motion to approve item RES2022-01, a resolution (RES2022-01) 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; seconded by Councilmember Lewis Wheaton. The motion to approve carried with the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and Councilmember Wheaton B. RES2022-02 Approval of Resolution RES2022-02 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. Ward / Citywide Mayor Pro Tem/Councilmember Tim Gould made a motion to approve item RES2022-02, a resolution (RES2022-02) imposing a 911 charge on prepaid wireless City of Smyrna Page 5 City Council Meeting Minutes - Final January 18, 2022 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; seconded by Councilmember Lewis Wheaton. The motion to approve carried with the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and Councilmember Wheaton C. RES2022-03 Approval of Resolution RES2022-03 reaffirms the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Ward / Citywide Mayor Pro Tem/Councilmember Tim Gould made a motion to approve item RES2022-03, a resolution (RES2022-03) that reaffirms the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year; seconded by Councilmember Glenn Pickens. The motion to approve carried with the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and Councilmember Wheaton D. GRA2022-01 Approval of Amendment No. 2 to the Community Development Block Grant (CDBG) Sub Recipient Agreement No: CV20-V20S8 to extend the termination date for the agreement to March 31, 2022 and authorize the Mayor to sign and execute all related documents. Ward / Citywide Councilmember Austin Wagner made a motion to approve item GRA2022-01, Amendment No. 2 to the Community Development Block Grant (CDBG) Sub Recipient Agreement No: CV20-V20S8 to extend the termination date for the agreement to March 31, 2022 and authorize the Mayor to sign and execute all related documents; seconded by Councilmember Glenn Pickens. The motion to approve carried with the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and Councilmember Wheaton E. RES2022-05 Adopt a Resolution RES2022-05 approving a Standard Land Sale Agreement between the Smyrna Downtown Development Authority (DDA) as Seller and Market Village Realty, LLC, or another entity controlled by the principals of that entity, as Purchaser, so that property may be developed into a brewery. This resolution also approves the transfer of whatever remaining interest the city has in the property to the DDA so that the property may be sold in accordance with this agreement, and developed into the brewery. Such resolution is adopted so that the DDA may achieve its public purpose of promoting economic City of Smyrna Page 6 City Council Meeting Minutes - Final January 18, 2022 improvement and redevelopment within the City. Ward 3 / Councilmember Lindley *Andrea Worthy, Economic Development Director, presented a powerpoint presentation that was shown during the December 12, 2021 Town Hall Meeting regarding the positive economic impact breweries have on downtown areas. Ms. Worthy stated that according to Cobb Travel and Tourism, all Cobb County cities, with the exception of Smyrna and Austell, have breweries planned for their downtown areas. *Scott Cochran, City Attorney, detailed the contract. The property in question has been in the possession of the Downtown Development Authortiy (DDA) since the 1990s. The City, should they approve this contract, would be approving the contract between the DDA and the agent. He stated he began with a generic contract used for standard land sales then included specific changes incorporating citizen input, etc. Some of those changes include: 1) The building will be a two-story building, not a three-story building; 2) The square footage will be reduced from 28, 000 sq. ft. to approximately 15, 000 sq. ft.; 3) The event space will be removed, but the rooftop aspect will remain in tact; 4) The building will incorporate a permanent kitchen feature to be able to provide a permanent food option during business hours. Mr. Cochran further explained that due to the strategic location of the property in question, the City needed stipulations that protected the City's interests as well as the agent's. Because the purchaser is investing $7M into this building, a lease was not an option, but the City will still be able to maintain controls: 1) If the purchaser does not build within a set timeframe, the City can purchase the land back for the original sale price; 2) If the purchaser decides to sell, flip, or the business fails, the City has first right of refusal; 3) The City maintains zoning authority; 4) This will be added to the tax digest; 5) There are 24 additional stipulations that will be added to the deed records that will prohibit future uses for the land including deed restrictions if the land were to be re -zoned. Mr. Cochran also explained that Market Village Realty, LLC - the entity named in the contract - is the same group as Stillfire Brewery. It is common practice to set up a separate entity when entering land purchase agreements like this. *Aaron Bisges, Stillfire Brewery, reiterated the changes that Mr. Cochran outlined: Two-story building, smaller square footage, and a permanent kitchen. He stated that it will not be a full -service kitchen, but it will be more like a 'permanent food truck" with easy, high quality, portable food leased by a restaurateur. They want to maintain the brewery aspect but also be able to provide food both from the permanent kitchen as well as the rotating food truck options. Mr. Bisges explained that the two-story building concept will still look similar to the original three-story rendering as far as aesthetic and feel without the third story. *Councilmember Wilkinson mentioned the adjoining park that is part of the contract and expressed that she has not seen plans or costs associated with it. Mayor Norton reminded everyone that the proceeds from the land sale will be used toward the park that could include a playground, stage feature, pet -friendly area, etc. Cost estimates City of Smyrna Page 7 City Council Meeting Minutes - Final January 18, 2022 are still being worked on at the moment. Mr. Cochran stated that there is a process that has to be followed including bidding out the park, agreeing to a concept, and agreeing to a price. There is no final plan when voting for this item. This is just to allow the sale of the land. *Councilmember Wagner asked what the ramifications would be if the park ended up costing too much and a park was not built. Mr. Cochran stated that, in practical terms, it would kill the deal because a park was always part of the plan. He further expressed that the park is not the issue at hand for this vote. The park will be its own item on another agenda when it has gone through the appropriate process of creating a conceptual plan, a detailed plan, soliciting bids, gathering council and citizen input, etc. *Councilmember Welch read from a prepared statement (see below): A little over 25 years ago, the Smyrna City Council had the vision to transform our downtown from a rundown, almost blighted area onto an area that won national awards for the creativity and foresight. They, for some reason, left the single lot in front of the Community Center vacant, likely anticipating the need to expand the City Center in some way by adding another City structure. I don't know exactly what they had in mind, but I am certain that the members of the City Council then did not save the lot for a brewery. I am also certain that the City Council that had the foresight to rejuvenate our downtown would not allow a brewery to be placed on the lot. The site is in a prime location for some type of expansion of City Services. My favorite would be an enclosed aquatic center to be used by the numerous swim teams in Smyrna as well as out general population. The placement adjacent to the Community Center would be a perfect location. The proposed parking deck would be much more appealing if the deck were being used by people enjoying themselves at a city owned property rather than a privately owned business such as the proposed brewery. Another use would be a location for a freestanding performing arts center. Whatever would be best for the citizens is what I would like to see built on the site. I have received several emails in support of the brewery. Some support the idea claiming that the brewery will bring new life and activity to the downtown area. Others point to the fact that the business will increase our tax base and help the City with future budget shortfalls. Finally, others seem to support the brewery simply as a place to go with their family together. I can't speak to the validity of any of these items. I can tell you that the distance between the proposed parking deck and the existing downtown businesses is in excess of 114 mile. I'm doubtful that the brewery is going to add much to the business in these businesses. As for the tax increases, the income produced by the sales and property tax of this business, in my estimation, will not meet the increased value of the property. And, this is just my personal opinion, but I do not believe that a brewery is a family gathering place. In my opinion, the City negotiated poorly with the buyers, essentially giving in to everything that they wanted: - The City wanted to lease but they wanted to buy. We agreed to sell. - Several references were made to another location. They said here or nowhere. - I suggested the brewery pay for the park. The issue was never proposed so they get City of Smyrna Page 8 City Council Meeting Minutes - Final January 18, 2022 a free park. - The City has given the purchaser everything they want. The City has included a repurchase clause in the contract. The problem is, if the brewery is constructed, we will be faced with the repurchase at the new appraisal for the property. Why would we want a brewery even if we have the money? Essentially, the vote here tonight is to sell the property to the prospective buyers and agree that the City gets nothing in return. We have agreed to build them a park for the $600, 000.00 sale price and build them a parking deck with costs exceeding $3, 000, 000. 00 for their patrons to have a place to park. I may not be the smartest one sitting up here, but in my lifetime, 1 have bought and sole a couple of dozen pieces of real estate. This is the sweetest deal I have ever seen. Unfortunately, not for the city. I obviously will be voting in opposition to this sale and I appeal to my fellow City Council members to do the same. *Councilmember Wilkinson thanked the citizens for their feedback and comments. She stated she is not opposed to the brewery, but she is opposed to the location. She stated that the greenspace in question is used for events, and there are so many other ways that space could be used. She, too, will be voting against the sale of this land. *Mayor Pro Tem/Councilmember Tim Gould stated the following (summarized) There are two key motivators: economic development and helping grow the downtown area. Currently, there is not enough foot traffic in the downtown area as reflected in the types of businesses that are there. When Stillfire approached the City with its successful track record, and the track record of the type of business that it is, it makes sense. The greenspace in question has been empty for 30 years. It was left that way in anticipation of some sort of development. Renderings from the beginning show that space as a commercial property. There have been calls for expanding the Community Center. If that were to happen at all, it would likely take years, but it would probably not happen because the vast majority of residents do not live in the downtown area. They live in wards 6 or 7. The spirited debates are appreciated, but do not turn this into a debate where one side vilifies the opposing side. He looks forward to voting in favor of this item. *Councilmember Austin Wagner stated the following (summarized): We have heard a lot about economic development, revitalization, and more energy in the downtown area. There is a lack of energy in downtown. We need more places where the community can come together. The downtown area may be award -winning, but decisions made a generation ago were made a generation ago. We can make decisions and changes for the future. These decisions are going to last and we have to be smart about it. The civic space footprint needs to be expanded to more of the actual City. Many people do not realize that there are parts of Smyrna that are actually in Smyrna. The contract makes sense, and it protects the City. On another note, community input matters - we need to encourage people to get more involved. He hopes that the passion displayed here about this issue translates to other topics like affordable housing, zoning, sustainability, transit, etc. But we don't hear from people about these things. The biggest thing we can do for the downtown is to revitalize it. This is an opportunity to bring energy to downtown. *Councilmember Lewis Wheaton stated the following (summarized notes provided City of Smyrna Page 9 City Council Meeting Minutes - Final January 18, 2022 below): I would like to thank all the residents that over the past many months have reached out in support or in concern for this project. I was privileged to be a part of many phone calls and a group discussion in regards to this project. I would also like to thank staff in Suwannee for providing helpful insights. As far as my own concerns, I had many concems with the initial proposal with some people in objection. I had questions about its size. I am now happy to see the size of the proposed brewery significantly scaled back. I shared concerns about the lack of food available and the reliance on food trucks only. I am now happy to see that food has been better integrated into the proposal with opportunities for multiple businesses to be a part of the proposed project. There are other pressing considerations to this development which are complex. These have required many conversations and perspectives to consider. One immediate concern relates to the location and why we would entertain a brewery on public land. This is a unique property in that it is adjacent to both business and community space. While I understand the concerns, there is a real need to figure out how to stimulate our downtown. I have heard concerns about racial injustice at breweries. I personally take these concerns seriously due to my interest in social justice issues. I looked no further than Reformation Brewery in Ward 7 to see if there was validation to this. In speaking with several black and Latino residents that I personally know that visit and post comments through social media about Reformation, I hear overwhelming positive feedback about the business. I also know of a close friend who has visited the applicant's other brewery in Suwannee. This black male had no concerns about his experience. Making comments that suggest breweries are only owned by and only cater to white or Caucasian clientele suggests that minorities are not able to appreciate the experience of a brewery. This is a slap in the face to those minority -owned breweries throughout the United States and the minority customers that support breweries in general. I fear that having public comments like that on record will most likely make minority -owned businesses look elsewhere. Are there National problems? Perhaps so. But let's rally around the powerful tool of the NDO that we nearly unanimously approved to ensure that if there are any concerns, we will hold them to task. Thanks to Mayor Norton and Councilmember Wagner for their instrumental help in getting that done. I have also heard interesting proposals questioning why not use the land for a community center expansion. I want to state clearly that as the Councilmember representing residents that live further from downtown Smyrna than any others, I have deep concerns about continued use of general fund taxpayer dollars to expand infrastructure in our downtown. A primary goal of mine has been to ensure more accessibility to community services distributed beyond the few square miles of our present downtown. My residents are deeply concerned and opposed to broad use of city funds to continue to develop downtown. And I am proud to say that we are working towards plans to address this in details soon to be presented publicly. It is abundantly clear that there is more work to do. And I look forward to continuing that work, however we proceed. But I believe this is a compelling idea. City of Smyrna Page 10 City Council Meeting Minutes - Final January 18, 2022 I appreciate passion. I appreciate debate. So long as that debate is honest, respectful and clear. At the end of the debate a decision must be made. Whatever the result, 1 hope we all stay engaged for support and critique. If you feel slighted, reach out. If you feel left out, show up. If you want to work together, please let us know. That is the only way we can truly make hard decisions and seek to improve the community together. Let us not rush to rash judgments about who loves or doesn't love Smyrna. Or who knows better because they have lived here a few years longer than others. Let's continue to rise above the easy division, and work hard towards a united city that even in our disagreement, we love, value and respect the roles we all play. *Councilmember Glenn Pickens stated the following (summarized): The issue of the brewery as been discussed for the better part of last year. He is very excited for the new addition. This will not only be an economic boom for downtown, but it will bring so many more people - imagine the growth. The brewery will be a "third place, "a gathering place. Right now people have to leave Smyrna and go to the Battery or go to Marietta for a gathering place. The desire of the community is to not have to leave Smyrna. People want to spend their money here in the City and stay here. *Councilmember Travis Lindley stated the following (summarized): It is curious to see which issues have sparked intrigue, comment, and engagement over the past year. One of the biggest projects in our community at about $250M was the Gateway Development, and not a single person came out to comment on that. There is passion about some of these issues, but our community is better than the rancor demonstrated on both sides. We are all here to do what we believe is right for our community. Tonight, I am guided by several points: 1) If you stroll through this building, there are at least three or four plans hanging throughout City Hall that depict what this downtown area might look like. All plans - every one of them - called for something on the site in question. I remember when City Hall was torn down, and there were people with their signs protesting the change. If the Council had not done it then, Smyrna would still look like the blighted, little city on the side of Atlanta Road. But the greenspace was intended to be used for something whether it was a combined fire/police station (which was built on Atlanta Road), a police station, or retail space. It is important to note that no plans show it being a long-term park or greenspace, and it is why it was never fully landscaped in 28 years. 2) The BOLD study commissioned by the last Mayor and Council sought to ask several big picture questions: What is going on in downtown? Why aren't people staying? Why aren't there anchor businesses? Why aren't businesses staying? To draw people downtown beyond municipal activities, you have to have a reason to come here which leads to this point; 3) Economic development is a major driver. This Council had a planning strategy retreat where economic development was discussed at great length, and everyone was in agreement that they have to get smart about bringing in businesses to Smyrna. The brewery is something that will drive people to stay, and the BOLD study indicated with data and numbers that growth will come to our downtown as a result of the proposal. 4) The future growth of our government facilities would be best built and developed to promote better geographic equality. I represent ward 3, 1 represent downtown, but I City of Smyrna Page 11 City Council Meeting Minutes - Final January 18, 2022 7. 8 A. B would not support yet another government building downtown. There are entire sections of our City that have no city facilities other than first responder facilities. We have an obligation to serve all of Smyrna. It registered mightily that the folks that run the City of Suwanee came to present their experience with Stillfire and gave a compelling pitch for the brewery. Their intent was what ours is which is to have a vibrant downtown. *Mayor Norton stated that no matter where you stood on this issue, he is very proud of the community and its involvement. He is also proud of this Council because they are all here working hard doing what they think is right. He stated that they may not all agree with each other, but there is mutual respect, and they will all continue to move forward together. Disagreement does not mean disrespect. Councilmember Travis Lindley made a motion to approve item RES2022-05, a resolution (RES2022-05) approving a Standard Land Sale Agreement between the Smyrna Downtown Development Authority (DDA) as Seller and Market Village Realty, LLC, or another entity controlled by the principals of that entity, as Purchaser, so that property may be developed into a brewery. This resolution also approves the transfer of whatever remaining interest the city has in the property to the DDA so that the property may be sold in accordance with this agreement, and developed into the brewery. Such resolution is adopted so that the DDA may achieve its public purpose of promoting economic improvement and redevelopment within the City; seconded by Mayor Pro Tem/ Councilmember Tim Gould The motion to approve carried with the following vote: Aye: 5 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Mayor pro tem / Councilmember Gould and Councilmember Wheaton Nay: 2 - Councilmember Welch and Councilmember Wilkinson Commercial Building Permits: There were no commercial building permits. Consent Agenda: A motion was made by Councilmember Travis Lindley, seconded by Mayor Pro Tem/Councilmember Tim Gould, that the Consent Agenda be approved. The motion carried with the following vote: Aye: 7 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and Councilmember Wheaton MIN2021-96 Approval of the December 16, 2021 Committee of the Whole Meeting Minutes Ward / Citywide These Minutes were Approved. MIN2021-95 Approval of the December 20, 2021 Pre -Council Meeting Minutes Ward / Citywide City of Smyrna Page 12 7" City Council Meeting Minutes - Final January 18, 2022 These Minutes were Approved. C. MIN2021-97 Approval of the December 20, 2021 Mayor and Council Meeting Minutes Ward / Citywide These Minutes were Approved. D. CON2022-01 Ratify and approve an agreement with Environmental Difference Staffing (2470 Windy Hill Road SE, Suite 442, Marietta, Georgia, 30067) for temporary, supplemental personnel for Public Works to assist in maintaining service levels for sanitation, water, streets, etc. as needed in the department, and authorize the Mayor to sign and execute all related documentation. Ward / Citywide This Contract was Approved. E. 2022-001 Approval to use Council Chambers for Creatwood at Vinings Annual HOA Meeting, Sunday, February 20, 2022 from 6:OOpm - 8:OOpm Ward 6 / Mayor Pro Tem / Councilmember Gould This Authorization was Approved. F. 2022-011 Authorization of street closures, as listed, for the Atlanta Track Club Hearts and Soles 10k on Saturday, February 5, 2022 from 7:30am to 10:OOam. Ward 1 / Councilmember Pickens Ward 3 / Councilmember Lindley Ward 6 / Mayor Pro Tem / Councilmember Gould This Authorization was Approved. G. 2022-012 Authorization of variance request for filming over multiple dates in 2022 at 3631 Crestview Drive, Smyrna, GA and 3660 Wisteria Lane, Smyrna, GA by applican Universal Content Productions LLC. Ward 3 / Councilmember Lindley This Authorization was Approved. H. AGR2022-01 Approval of the 2022 Business Associate Agreement with Oakbridge Insurance for the management of the City's Health Insurance policies and Employee Benefits and authorize the Mayor to sign and execute all related documents. Ward / Citywide This Agreement was Approved. I. 2022-019 Approval of 2022 City of Smyrna community events and corresponding street closings from April 2022 through December 2022 (as proposed Jan 13, 2022). City of Smyrna Page 13 City Council Meeting Minutes - Final January 18, 2022 Ward / Citywide This Authorization was Approved. J. 2022-018 Approval for Atkins Park (2840 Atlanta Road SE, Smyrna) to host the 10th Annual Smyrna Oysterfest and extend patio area to include sidewalk and seven parking spaces directly connected to and in front of Atkins Park's permanent patio space on February 4, 2022 from 7:00am - 11:00pm, February 5, 2022 from 11:00am - 11:00pm and February 6, 2022 from 11:00am - 11:00pm and authorize the Mayor to sign and execute any related documents. Ward 3 / Councilmember Lindley This Authorization was Approved. 9. Ward / Committee Reports: Councilmember Wilkinson - She expressed that she wants improved communication among Council and among Council and staff. Mayor Pro Tem/Councilmember Gould - Stated he and Councilmember Lindley had a virtual meeting with the local Community Service Board (CSB) to learn about the co -responder programs piloted in the state. It is a program where people with mental health training can assist our public safety personnel during a public health and/or mental health crisis. 10. Show Cause Hearings: There were no show cause hearings. 11. Citizen Input: Debra Tompkins - 789 Church St - She expressed her appreciation for all the work and attention given to the brewery and the process. She stated that she is opposed to sale of the land because it feels like it removes the ability down the road to change for the future. Pat Burns - 10 Concord Rd - She expressed that selling land does not seem to benefit the City noting that it sold W Spring Street and the downtown area is not thriving. She is opposed to the brewery and the sale of the land. Montserrat Knowlton - 1367 Poplar Pointe - She stated the total number that signed the petition is 1, 449. She then stated that voting for this proposal places children in peril in Smyrna. The Community Center offers a variety of sports and activities. The library offers children's programs. The playground provides activity for children. A brewery is not in the best interests of children. Cheryl Hodgins - 1480 Memory Lane - She expressed that Glover Brewery is often empty, but she hopes that Stillfire does succeed, and she hopes all of the positive things presented come to fruition. 12. Adjournment: City of Smyrna Page 14 City Council Meeting Minutes - Final January 18, 2022 Mayor Derek Norton adjourned the January 18, 2022 meeting of the Mayor and Council at 9:16 PM. City of Smyrna Page 15 �����[MAYOR AND COUNCIL MEETING DEREK NORTON MAYOR LA4 AUSTIN VYAGNER, WARD 2 Ckfxf�-� OL, 1� CHARLES A. WELCH, WARD 4 TIM GOULD, WARD 6 MAYOR PRO TEM HEATHER K. PEACON-CORN CITY CLERK GLENN PICKENS, WARD 1 al( TRAVIS LINDLEY, WARD 3 SUSAN WILKINSON, WARD 5 --- L WHEATON, WARD 7 CITY SEAL