02-21-2022 February 21, 2022 Mayor and Council Meeting Minutes - SIGNED - LFof SM,.� City of Smyrna A. Max Bacon City Hall
`7 7 Council Chambers
` 2800 King Street SE
U > Smyrna, GA. 30080
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QUl6�'Meeting Minutes - Final
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City Council
Monday, February 21, 2022 7:00 PM A. Max Bacon City Hall - Council Chambers
Roll Call
Present: 7 - Mayor Derek Norton, Councilmember Glenn Pickens, 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: 8 - Penny Moceri, Kristin Robinson, Keith Zgonc, Russell Martin, Heather
Peacon-Corn, Jill Head, Joey Staubes and Tyler Addison
Mayor Derek Norton called to order the Mayor and Council Meeting held in A. Max
Bacon City Hall Council Chambers at 7:02 PM.
1. Invocation and Pledge:
The invocation and Pledge of Allegiance were led by Dr. Harold Thomas III of Shiloh
Seventh Day Adventist Church (810 Church St).
2. Agenda Changes:
3. Mayoral Report:
There were no agenda changes.
Mayor Norton invited any candidates who are running for the special election for the
Ward 2 Council seat to come forward and speak. Ms. Latonia P. Hines came forward.
Ms. Hines stated that she is a 20-year resident of Smyrna and currently works at the
Cobb County District Attorney's Office. She formerly worked in the Cobb County
Solicitor's Office, she is a member of the Smyrna Optimist Club and the Cobb
NAACP.
Heather K. Peacon-Corn, City Clerk, made an announcement about the special
election for the Ward 2 Council seat:
NOTICE is hereby given that a Special Election will be held on TUESDAY, May 24,
2022, in conjunction with the General Primary, to fill a vacancy in the office of Smyrna
City Council, Ward 2, caused by the resignation of Mr. Austin Wagner. The polling
place will be open from 7:OOam to 7:OOpm for the Ward 2 special election at the
following location:
SMYRNA 2A: First Baptist Church of Smyrna, 1275 Church Street, Smyrna, GA 30080
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City Council Meeting Minutes - Final February 21, 2022
Qualifying for candidates will be held in the Human Resources Room at the Smyrna
City Hall, 2800 King St., Smyrna GA, beginning Tuesday, March 8, 2022 at 8:30am
and ending on Thursday, March 10 at 12:30pm. The hours for qualifying shall be
Tuesday and Wednesday from 8:30am until 4:30pm and closed for lunch each day
from 12noon to 1 pm, and Thursday from 8:30am until 12:30pm. The qualifying fee shall
be $567.00 to be paid by cash, personal check, money order, or cashier's check
made out to the City of Smyrna. Each candidate must meet the qualifications for office
as prescribed by State Law and Municipal Code. Each candidate or his or her designee
shall file a Notice of Candidacy and Affidavit, such form is available at www.sos.ga.gov
and will also be provided at the qualifying location.
Residents of the City of Smyrna who are qualified to register to vote, and are not
currently registered, or who need to update their voter registration information, may do
so through Monday, April 25, 2022. Residents may register to vote online at
www.mvp.sos.ga.gov or at any of the designated places for registering Cobb County
residents. Residents who have moved into, out of, or within the city limits of Smyrna or
Ward 2 and have not notified the Cobb Board of Elections and Registration, please do
so no later than April 25, 2022.
Early In -Person Voting will be available beginning May 2, 2022; hours and locations will
be available at www.CobbElections.org.
Voters may apply to Vote -by -Mail by submitting an application between March 7, 2022
and May 13, 2022 to the Cobb County Elections Office at P.O. Box 649, Marietta, GA
30061-0649, or by faxing an application to 7701528-2458, or by emailing as an
attachment to absentee@cobbcounty.org. Applications will be available at
www. CobbElections. org on March 7, 2022. Voted absentee ballots must be received
by Cobb Elections no later than 7:00 p.m. Tuesday, May 24, 2022 either through the
mail or personally delivered to authorized drop-off locations.
City residents may call 7701528-2581 or 6781631-5303 for any questions regarding
registration or voting.
- Mayor Norton congratulated the Lady Spartans basketball team on their regional
championship win. They will move onto the State tournament.
- Mayor Norton also congratulated the Campbell Baseball team that has already
started their season off 3-0.
- Mayor Norton informed everyone the first meeting of the Committee to Honor Fanny
Williams will be held February 22, 2022 and will be chaired by Mayor Pro
Tem/Councilmember Tim Gould.
- Thanked those who participated in the Racial Trust Building Initiative.
4. Land Issues/Zonings/Annexations:
A. 2021-132 Public Hearing - Zoning Request - Z21-004 - Allow rezoning from Future
Commercial (FC) to Limited Commercial (LC) for use as a professional
office - 0.25 acres - Land Lot 485 - 1120 Concord Rd - Jeremy Robinson
Ward 3 / Councilmember Lindley
Joey Staubes, Planner Il, presented the following background:
Jeremy Robinson is requesting a rezoning from FC (Future Commercial) to LC (Limited
Commercial) for the ability to use the existing building as a professional office. The
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City Council Meeting Minutes - Final February 21, 2022
subject property is zoned FC and was previously occupied as a residential structure.
The property is occupied by an existing structure that will remain with improvements
that allow it to operate as a commercial structure. The applicant is requesting to
rezone the property to LC to permit the use as a professional office.
The City Engineer has reviewed the proposed rezoning with respect to transportation,
stormwater management and stream buffer issues. No additional transportation or
stormwater management improvements are required for the site except for
improvements to the access drives. There are no stream buffers affecting the property.
The Fire Marshal's office has reviewed the current proposal and in general believes that
it meets the Fire Code requirements for fire truck access. The applicant will be
required to provide ADA parking and accessibility to the building.
Community Development has reviewed the zoning proposal against the city's 2040
Comprehensive Plan and Future Land Use Plan. The zoning proposal is consistent
with the NAC (Neighborhood Activity Center) Future Land Use Designation.
Community Development has reviewed the proposed development against the
requirements of the Zoning Ordinance with respect to the use as a professional office.
The proposed development meets all the zoning requirements for a professional office.
Community Development Staff is supportive of the change in zoning from the
non -conforming zoning of FC to LC.
Community Development recommends approval of the rezoning from FC to LC at 1120
Concord Road with the following condition:
1. Approval of the subject property for the LC zoning district shall be conditioned upon
the development of the property in substantial compliance with the site plan submitted
1111812021 and created by TC3 Design Studio LLC.
Councilmember Travis Lindley asked what type of business is going into the space
and what is the plan for signage. Mr. Staubes stated that the applicant is present and
is an attorney; the space will be used as an attorney's office. The signage allowed a 40
sq ft wall sign. Applicant has not determined what he will do for signage.
Jeremy Robinson, applicant, was sworn in. He is a personal injury and criminal defense
attorney.
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 2021-132, a public
hearing and zoning request (Z21-004) to allow rezoning from Future Commercial (FC) to
Limited Commercial (LC) for use as a professional office on 0.25 acres on land lot 485
located at 1120 Concord Rd by applicant Jeremy Robinson; seconded by
Councilmember Glenn Pickens.
The motion to approve carried with the following vote
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
--� Councilmember Wheaton
B. 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.
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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
Penny Moceri, Deputy City Administrator, provided the following background:
Arris Holdings is requesting a rezoning from GC (General Commercial) to
MU -Conditional (Mixed Use) for the ability to construct 163 multi -family units with
20,409 sq. ft. of commercial/restaurant and 7,700 sq. ft. clubhouse space. The
subject property is zoned GC and has been used commercially along with several
parcels that remain vacant. Any existing buildings will be demolished for the
construction of a new mixed use development. The Planning & Zoning Board
recommended approval by a vote of 4-1 at the December 13, 2021 meeting.
Russell Martin, Community Development Director presented the following background:
Arris Holdings is requesting a rezoning from GC (General Commercial) to
MU -Conditional (Mixed Use) for the ability to construct 163 multi -family units with
20,409 sq. ft. of commercial/restaurant and 7,700 sq. ft. clubhouse space. The
Planning & Zoning Board recommended approval by a vote of 4-1 at the December 13,
2021 meeting.
The proposed development will include a total of 163 multi -family units and 20,409 sq.
ft. of commercial and 7,700 sq. ft. clubhouse area in three buildings. Building #1 will
be 167,934 sq. ft., four-story building and consist of 132 multi -family units and 7,700
sq. ff of clubhouse space and pool/amenity area, and 3,200 sq. ft. of commercial
space on the ground level. Building #2 will be 52,978 sq. ft., four-story building, and
consist of 31 multi -family units with 11, 909 sq. ft. of commercial/retail space located
on the ground level. The commercial space in Building #1 & #2 will consist of retail and
restaurant space, which will be marketed to local restaurants and boutiques and
integrated into the building at the main entrance of the development. This portion of
the commercial space will serve as an amenity to residents of the development and in
the immediate area. Additionally, the project will include a dog park and public lawn
within the development, as well as greenspace and landscaping around the buildings,
and the perimeter of the development.
Building #3 is a one-story 5,300 sq. ft. out -parcel developed and retained by the current
property owner. This building will be marketed for retail, office and general commercial
uses
The unit composition for the 163 multi -family units will consists of 64% one -bedroom
units, 34 % 2-bedroom units, and 2%-3-bedroom units with an average unit size of 940
sq. ft. The units will range in size from 751 sq. ft. to 1,442 sq. ft. 10% of the units will
be affordable for household earnings between 80% to 100 % of the MSA area median
income and capped at 30% of monthly income. Amenities for the units will include
fitness facilities, pool and clubhouse, yoga studio, media room, business center, and
communal gathering places.
The proposed project will include 389 parking spaces within the development. Section
901 requires 460 parking spaces for the combined multi -family and commercial uses.
However, the proposed multi -family buildings will consist of 64% one -bedroom units,
and therefore a ratio of 1.75 spaces, as required in Section 901, per unit is
unnecessary. The commercial uses within the development have parking supplied at
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City Council Meeting Minutes - Final February 21, 2022
the ratios required in Section 901. A one-story parking deck will include 86 parking
spaces, and 316 parking spaces will be surface level.
The development includes a full access drive on S Cobb Drive and a full access drive
on Oakdale Road. The development will have one ingress lane entering the site and
one egress lane exiting the site. The development will provide a 5-foot sidewalk along
S Cobb Drive and along Oakdale Road.
The traffic impact study provides a future traffic analysis for horizon year 2033 for both
the "No -build" and "Build" conditions. The "No -build" conditions provide an assessment
on how traffic will operate in the study horizon year without the site being developed as
proposed, with projected increases in through traffic volumes due to normal annual
growth. The future "No -build" volumes consist of the existing traffic volumes plus
increases for annual growth of through traffic. The annual growth in traffic volume was
based on GDOT recorded traffic volumes for the last three years. The annual growth in
traffic volume is also calculated in the "Build" scenario. Table 8 below provides the
results of the future traffic analysis. The project is not projected to have any significant
impact on Level of Service for the intersections studied.
The traffic impact study indicates that LOS (Level of Service) should not be impacted
by the development. The eastbound approach of S Cobb Drive at Calibre Lake
Parkway is projected to have a LOS of F in the AM and E in the PM in the 2033 Build
or 2033 No -Build conditions. S Cobb Drive at Highlands Pkwy/Shell Driveway is
projected to have a LOS of F in the AM and PM in the 2033 Build or 2033 No -Build
conditions. The traffic impact study recommends the following system improvements
at the intersection of S Cobb Drive and
Highlands Parkway to improve the intersection to LOS D for AM and PM:
1. Install right -turn overlaps for the eastbound right -turn and southbound right -turn
phases.
2. Install an additional eastbound left -turn lane (via restriping or widening) so the
approach provides two (2) exclusive left -turn lanes, one (1) shared left -turn through
lane, and one (1) right -turn lane. Sidewalks are proposed along S Cobb Drive and
Oakdale Road.
Additionally, the westbound access drive at S Cobb Drive at Site Driveway A is
projected to operate at a LOS F in the AM and E in the PM of the 2033 Build condition.
The traffic impact study recommends constructing one ingress lane entering the site
and one egress lane existing the site at both entrances to the development. The traffic
study also recommends extending the merge lane on S Cobb Drive to the proposed
site driveway to become a right -turn lane into the site.
Finally, the traffic impact study indicates that the intersection at S Cobb Drive and
Oakdale Road will continue to operate at LOS D for the 2033 Build Condition, and the
development is projected to only add 5 seconds of delay to the signal. Table 9 below
provides the results of the future traffic analysis.
The applicant will also pursue voluntary improvements with the appropriate
Departments of Transportation to mitigate any impacts, such as providing a dedicated
left -turn arrow for Church Road westbound and widening Kenwood Road eastbound to
provide a left -turn lane, if there are no utility conflicts. The applicant has agreed to
provide a right -turn lane on Oakdale Rd for northbound travel along S Cobb Drive.
Using the Trip Generation Manual, the traffic impact study compares the proposed
project with 70, 000 sq. ft. shopping center which is allowed by -right under the current
GC zoning. The proposed project is expected to generate 1, 350 total net trips. The
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Meeting Minutes - Final February 21, 2022
shopping center would generate 2,110 total net trips; more than 760 additional trips
daily compared to the trip generation of the proposed project. Due to the possible
heavy traffic intensity of commercial centers, the proposed project could create
significantly less traffic than other alternative uses, which are allowed by -right.
The proposed building will utilize cement fiber lap siding & panel, as well as brick for
each facade. The applicant has provided architectural renderings with the zoning
application for reference. The development will also incorporate a public art display
area that will showcase local area artists and create a visual draw and aesthetic
uniqueness to the property and area.
Community Development has reviewed the proposed plan against the zoning
requirements of the MU zoning district (Section 720 of the Zoning Ordinance) with
regards to setbacks, building height, building separations, parking requirements,
buffering and landscaping. The zoning proposal meets a majority of the zoning
requirements of the MU zoning district. The applicant is seeking the following
variances from Section 720 of the Zoning Ordinance:
1) A reduction in required parking from 460 spaces to 389 spaces (Section 901); (Staff
Supports)
2) Eliminate the requirement to have a consistent building edge along a public
sidewalk (Section 720.9(5)); (Staff Supports)
3) To allow off-street parking between the building and the right-of-way (Section
720.9(6)); (Staff Supports)
4) Allow front setback greater than 20 feet (Section 720.3 (c)(1); (Staff Supports)
5) Allow side setback greater than 20 feet (Section 720.3 (c) (2); (Staff Supports)
The City Engineer has reviewed the proposed rezoning with respect to transportation.
The City Engineer has requested a sidewalk along S Cobb Drive and Oakdale Road for
the length of the project, as well as connections to the buildings. The City Engineer
believes the recommendations in the Traffic Study Analysis are appropriate and
suggests the following traffic improvements:
1. A dedicated right turn lane/deceleration lane will be required for the entrance on SR
280. The turn lane will need to be off of the existing lanes on SR 280 and the three
existing through lanes on SR 280 will need to be maintained, or as otherwise required
by Georgia Department of Transportation.
2. An acceleration lane will be required for the exit on SR 280. The hatching on the
recently submitted site plan will need to be removed. Please maintain the existing
roadway geometry on SR 280, or as otherwise required by Georgia Department of
Transportation.
3. A deceleration lane will be required for the entrance on Oakdale Road.
4. Tree removal will be required for any trees within the sight distance triangle on
Oakdale Road.
5. A GDOT permit will be required before issuance of a Land Disturbance Permit.
The proposed site plan shows no streams or stream buffers on the site. The site does
have typography challenges within the development.
The applicant is proposing below ground stormwater management facilities for the
development. The City Engineer takes no exception to the stormwater management
concept as shown. The design submitted during permitting will take into account site
constraints such as topography, utilities, and treeAandscaping requirements. The site
will be required to meet all the requirements of the City's Stormwater Management
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City Council Meeting Minutes - Final February 21, 2022
Ordinance.
The Fire Marshal's office has reviewed the current proposal and in general believes that
it meets the Fire Code requirements for fire truck access.
Community Development has reviewed the zoning proposal against the city's 2040
Comprehensive Plan and Future Land Use Plan. The zoning proposal to MU (Mixed
Use) does not require a Land Use change from CAC (Community Activity Center).
The City's 2040 Future Land Use Map designates the subject property as CAC
(Community Activity Center) which is an appropriate Land Use for the MU (Mixed Use)
zoning. The property to the north currently designated NAC (Neighborhood Activity
Center - County). The properties to the east are currently designated MDR (Medium
Density Residential — County) and MEDR (Medium Density Residential — Smyrna). The
property to the south is designated CAC (Community Activity Center— Smyrna). The
property to the west is designated HDR (High Density Residential — County) IC
(Industrial Compatible — County) and LDR (Low Density Residential — Smyrna). The
proposed development is an appropriate buffer between the diverse land use
designations. In addition, the proposed zoning meets the following goals and policies
laid out in the City's Comprehensive Plan:
Housing
• Goal 1 — Protect and preserve established residential neighborhoods.
o Policy 1.1 Ensure adequate buffering and screening in order to protect residential
neighborhoods from negative impacts of adjacent incompatible development.
o Policy 1.2 Ensure that infill housing development is compatible with surrounding
established neighborhoods.
• Goal 2- Encourage redevelopment of older declining neighborhoods and apartment
communities.
o Policy 2.1 Identify declining neighborhoods within planning studies and target these
areas for revitalization efforts.
o Policy 2.5 Encourage adequate amounts, types and densities of housing needed to
support desired mixed use redevelopment.
• Goal 3 — Encourage the development of a range of housing choices in order to meet
market demand and allow residents to remain in Smyrna across different life -cycle
stages.
o Policy 3.2 Encourage housing opportunities for young families, as well as "empty
nester" households.
o Policy 3.3 Encourage housing opportunities to ensure those who work in Smyrna
have the option of living within the City.
o Policy 3.5 Encourage opportunities for mixed use, live work housing.
Economic Development
• Goal 5 — Promote revitalization of declining commercial & industrial areas.
o Policy 5.1— Promote adaptive reuse and mixed use redevelopment of declining strip
commercial centers.
• Goal 6 — Promote continued economic development within downtown and other
activity centers as vibrant mixed use center for residential, government, office, retail
and entertainment activities.
o Policy 6.1 Support higher -intensity housing within and adjacent to activity centers in
conformity with the Future land Use Map.
Land Use
• Goal 13 — Encourage an efficient, equitable, and compatible distribution of land
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City Council Meeting Minutes - Final February 21, 2022
uses.
o Policy 13.2 Encourage an appropriate transition of type and scale between
established neighborhoods and activity centers.
• Goal 15 — Encourage infill development and redevelopment that has a positive impact
on existing neighborhoods and activity centers.
o Policy 15.1 Prioritize redevelopment and revitalization of existing underutilized
commercial and industrial areas over development of new land for commercial
purposes.
o Policy 15.2 Ensure that infill development is compatible with surrounding
neighborhoods and activity centers.
Quality of Life
• Goal 20 — Provide lifestyle amenities that improve the "quality of life" in Smyrna.
Community Development recommends approval of the rezoning from GC to
MU -Conditional on 6.92 acres for a mixed use community, with 163 multi -family units,
20,409 sq. ft. of commercial, and 7,700 sq. ft. clubhouse space, at a density of 23.5
units per acre, including those variances supported by staff as shown above, with the
following conditions:
Standard Conditions
Requirements # 2, 3, 4, 8, 16 and 17 from Section 1201 of the Zoning Code are not
applicable. The following requirements remain applicable.
1. The composition of the buildings in the development shall include a mixture of
elements including; but not limited to: brick, stone, shake, Hardie Plank and stucco.
No elevation shall be comprised of 100 percent Hardie Plank siding.
2. The retention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
designed to create at least a ten percent reduction in a 100-year storm event. The city
engineer shall approve all plans.
3. All utilities within the development shall be underground.
4. 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.
5. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
6. No debris may be buried on any lot or common area.
7. The developer will install decorative streetlights within the development, subject to
approval by the city engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of "full -cutoff lighting".
8. 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.
9. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
10. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Special Conditions
11. The development shall maintain the following building setbacks from the Mixed
Use District:
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Minimum Setbacks:
Front— 20'
Side — 10'
Rear— 40'
Maximum Building Setbacks:
Front — 50'
Side — 70'
12. The developer shall meet all fire access requirements deemed necessary by the
Fire Marshal during construction plan review.
13. The developer shall be responsible for any water and sewer improvements deemed
necessary by the Public Works Director during construction plan review.
14. The developer shall be responsible for any stormwater improvements deemed
necessary by the City Engineer.
15. The developer shall provide a 5' sidewalk with 2' grass strip along S Cobb Drive
and Oakdale Road for the length of the development. There shall be sidewalk
connection from the public sidewalk to each building.
16. Prior to the issuance of a Land Disturbance Permit the traffic study and site plan
shall be reviewed by Georgia Department of Transportation (GDOT).
17. The development shall not be gated. The parking deck may use gates to control
access.
18. A dedicated right turn lane/deceleration lane will be required for the entrance on SR
280. The right turn lane will need to be off the existing lanes on SR 280 and three
existing through lanes on SR 280 will need to be maintained, or as otherwise required
by Georgia Department of Transportation.
19. An acceleration lane will be required for the exit on SR 280. The hatching on the
recently submitted site plan will need to be removed. Please maintain the existing
roadway geometry on SR 280, or as otherwise required by Georgia Department of
Transportation.
20. A deceleration lane will be required for the entrance on Oakdale Road.
21. A right -turn lane on Oakdale Rd at S Cobb Drive will be required.
22. install right -turn overlaps for the eastbound right -turn and southbound right -turn
phases at the intersection of Highlands Pkwy and S Cobb Dr.
23. install an additional eastbound left -turn lane (via restriping or widening) so the
approach provides two (2) exclusive left -turn lanes, one (1) shared left -turn through
lane, and one (1) right -turn lane at the intersection of Highlands Pkwy and S Cobb Dr.
24. Tree removal will be required for any trees within the sight distance triangle on
Oakdale Road.
25. The minimum floor area for attached dwelling units, condominium units and other
multi -family units may not be less than an average of 940 square feet. (Section
720.9(2) of the Zoning Ordinance).
26. The development will include a minimum of 389 parking spaces per the current
density shown. A reduction in the residential units caused by unforeseen site
constraints would cause a commensurate reduction in parking to be reviewed by the
Director of Community Development.
27. Parking for the commercial, retail and apartments within the development will be
provided by means of surface and structured parking as shown on the submitted site
plan, which will employ "shared" parking among the respective components and will
provide sufficient and adequate parking for the total development.
28. The parking deck shall provide a decorative brick exterior on the north, east, and
south elevations.
29. All air conditioning condenser units, transformers and any other utilities shall be
fully screened from view from any public right-of-way. The utility units components
placed on the roof of the buildings may be screened by parapets and the utility
components at ground level may be screened by landscaping.
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City Council Meeting Minutes - Final February 21, 2022
30. Dumpsters shall be positioned so as to prevent visual intrusion from streets,
connection points to community spaces and wherever possible with screening by
landscaping, walls and/or vegetation. Dumpsters shall have rubber lids and bumpers to
minimize noise during emptying. At grade trash compaction shall also be allowed and
screened as appropriate in accordance with the City's regulations.
31. The maximum number of residential units shall not exceed 163 Class A
amenititzed multi -family units. One hundred percent (100940) of the said units shall be
constructed so that the units can be modified to individually owned condominium units
in the event of future favorable market conditions.
32. All apartment units shall be maintained in a Class A/First Class manner.
33. The multi -family units shall include the following interior finishes:
i. Minimum nine -foot (9) ceilings;
ii. Forty-two inch (42') upper cabinets in the kitchen;
iii. Pendant lighting shall be utilized in the in the kitchen area of the units and
flush -mount LED can lighting shall be used in both the kitchen and dining areas of the
units, -
iv. Bathroom cabinets need to be of equal or similar quality as kitchen cabinets;
v. Sheet vinyl flooring and VCT vinyl flooring shall be prohibited;
vi. Tile flooring shall be required in both the kitchen and bathrooms including luxury
vinyl tile (i.e. not sheet vinyl or VCT);
vii. All bathrooms shall have tub/shower surrounds with an aesthetic similar to tile;
viii. All kitchen and bathroom counter and cabinet tops shall be solid surface granite
or similar material. Laminate counter tops are prohibited;
ix. All kitchen counter tops shall be horizon style counter tops, and
x. All kitchen sinks shall be under -mounted stainless -steel sinks.
34. The approximate mixture of unit types shall consist of the following: sixty-four
percent (6451o) one bedrooms, thirty-four percent (34%) two bedrooms, and two percent
(29/o) three bedrooms.
35. A minimum of 10% of the multi -family units will be designated as work -force
housing affordable to households earning between 80% and 120% of the area median
income, with rents capped at 30% of monthly income.
36. Approval of the subject property for the MU -Conditional zoning district shall be
conditioned upon the development of the property in substantial compliance with the
site plan submitted February 2, 2022 and created by Kimley-Horn and all zoning
stipulations above.
37. The applicant shall be bound to the conceptual elevations submitted on December
3, 2021. Approval of any change to the elevations must be obtained from the Director
of Community Development.
38. All structures on the subject property shall be demolished within nine (9) months of
approval by the Mayor & Council.
Councilmember Lewis Wheaton mentioned the deceleration lane on S. Cobb and
GDOT approval. He asked Mr. Martin to discuss what that means. Mr. Martin stated
that the third outer most lane would be a deceleration lane that enters into the
community. This idea was generated from discussions with GDOT during the approval
process. The City made a request to have the deceleration lane on the outside of the
existing lanes; however, it is not City right-of-way, it is GDOT right-of-way, and they
said it was not an acceptable design which the City has to accept. Dr. Wheaton asked
about stipulation 22 - install right -turn overlaps for the eastbound right -turn and
southbound right -turn phases at the intersection of Highlands Pkwy and S Cobb Dr.
Mr. Martin stated that signal phasing adjustments will be made in order to get better
pacing of traffic and traffic movement. Dr. Wheaton asked what the approximate length
of the extra lane on Oakdale is. Mr. Martin stated it is around 150 total linear feet, and
the applicant has discussed possibly extending that.
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Councilmember Charles Welch asked how many parking spaces there will be. Mr.
Martin answered there will be 386 spaces. Mr. Welch stated that there are 215 beds
and 20, 000 sq ft of retail space. Mr. Martin stated that as there are mixed use spaces,
the number of parking spaces decreases/changes. City ordinance does not
contemplate mixed use ratios. Community Development attempts to make solid,
rational decisions as to what is an acceptable level of parking. Further discussion took
place concerning the left-hand turn lane on S. Cobb. Mr. Martin stated that with an
extension of the right-hand turn lane, more people are able to get through.
Councilmember Glenn Pickens asked if the commercial aspect is tied into the
residential development - will they be developed simultaneously? Mr. Martin stated they
would be developed at the same time.
Mayor Pro Tem/Councilmember Tim Gould asked if there is one company managing
the entire property or is that up to the property owner. Mr. Martin stated that is up to the
property owner. For multi -family developments, the City has certain requirements that
have to be met.
Parke Lammerts, Arris Holdings, came forward and was sworn in. Mr. Lammerts stated
that the property is geared toward young professionals, ie. teachers, nurses, etc. The
intent is to create an amenity for the area. They want restaurant space focused on
local and regional restaurants, coffee shops, markets. They are willing to condition the
zoning stipulation approval process to ensure quality, classic tenants. Mr. Lammerts
stated that they can extend the lane on Oakdale Road. He humbly asked for Council
approval.
Dr. Wheaton discussed the extension of the lane on Oakdale and confirmed that they
are willing to extend that. Dr. Wheaton asked Mr. Lammerts to discuss the location of
dumpsters and mailboxes. The mailboxes will be internal within the clubhouse. There
will be no dumpsters on site. There will be a system of chutes for both residential and
commercial units. Dr. Wheaton mentioned the concerns about commercial deliveries.
Mr. Lammerts stated that they can contain all of the truck traffic onto S. Cobb Drive
based on a preliminary truck turn radius study. Dr. Wheaton discussed the types of
businesses they anticipate having and those that the City would like to exclude. The
following are additional types of businesses that shall be prohibited:
i. Billiard and pool halls. (Shall not preclude a brewery/restaurant/brew pub from
having billiard tables provided that the billiard tables shall not exceed 35% of the gross
floor area of the establishment)
ii. Archery or gun range
iii. Adult Novelty Shops
iv. Adult Entertainment Establishments including but not limited to, Adult bookstore,
v. Adult dancing establishment, Adult mini motion picture theater, Adult motion
picture arcade, Adult motion picture theater, Adult video store, Erotic dance
establishment and Escort bureau, as defined by the City of Smyrna's Code of
Ordinances.
vi. Gun Shops
vii. Pawnshops and Check Cashing Establishments
viii. Tattoo and Body Piercing Parlors
ix. Massage Parlors
x. Fast Food Restaurants with drive through windows
xi. Vape, CBD and smoke shops
xii. Barber shops and nail salons
xiii. Liquor stores
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Meeting Minutes - Final February 21, 2022
xiv. Arcades
xv. Onsite dry cleaners
Councilmember Susan Wilkinson asked Mr. Lammerts to describe the retaining wall
on Oakdale Road, and she asked if there are going to be elevators in the buildings.
Mr. Lammerts stated that it is an internal retaining wall, and they will submit drawings
prior to installation. And there will be elevators in the buildings.
Mayor Pro Tem/Councilmember Tim Gould asked Mr. Lammerts to discuss the
property management of the whole site. Mr. Lammerts stated that the residential side
will be managed by First Communities. Arris Holdings will manage the commercial
portions. Discussion took place regarding balconies and the rules for those balconies.
There are stipulations as to what can and cannot be placed on balconies, and those
are part of the lease agreements. Mr. Gould asked for a description of landscaping,
and Mr. Lammerts stated they will plant more mature trees, and they are willing to
concede to landscape plan approval for visual appeal.
Mr. Lammerts stated they project rent for these units to be $1,800.0042, 900.00.
A public hearing was called.
Mary Rose Barnes - Oakdale Community Association, 4756 Oakdale Rd - Ms. Barnes
stated that this development is incompatible with the Oakdale Road area. Traffic
congestion is a major concern, especially as more apartments are being added. She is
against this development and respectfully asked the Council to deny this request.
William Schwartz - 2168 Oakdale Estates Ct - Mr. Schwartz stated he is adamantly
opposed to this development because of the major traffic impact it will have on that
intersection. He further stated that the area already has too many apartments, and with
apartments there is no pride or sense of ownership. He asked the Council to deny the
request.
Drue Robidoux - 2150 Oakdale Estates Ct - Ms. Robidoux stated that she was never
notified of this development. The biggest concern and problem is traffic. Without the
development, the traffic is already bad going north on Oakdale Road. She asked they
not allow this to go forward and not put more traffic on the roadways.
Glenn Perich - 2159 Oakdale Estates Ct - Mr. Perich stated he is a 15-year resident.
Oakdale Road traffic increases year after year. He is unable to make a left-hand turn
out of his subdivision. He stated that only three cars are able to get through the traffic
light. He stated that he is vehemently against this development.
Chris Zweifel - 3289 Lee St - He stated he supports this development because more
housing is needed in the area and in the country as a whole. He quoted statistics that
the United States is 7 million houses in the hole. ARC forecasted that metro -Atlanta
prices are up 22% from one year ago. Lack of housing is bad for Smyrna and Cobb
County.
Dr. Wheaton asked Mr. Martin to discuss the timing of the light sequence. Mr. Martin
stated that engineering has to coordinate with GDOT because it is State right-of-way.
The balance is trying to align the City's goals with GDOT's goals. Mr. Gould reiterated
that the City cannot unilaterally make a traffic light timing change because it is out of
Smyrna's control.
Councilmember Lewis Wheaton made a motion to approve item 2021-600, a public
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City Council Meeting Minutes - Final February 21, 2022
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 and 725 located at S. Cobb Drive and Oakdale Road by
applicant Arris Holdings with the following additional conditions/prohibitions:
The following uses shall be prohibited within the development:
i. Billiard and pool halls. (Shall not preclude a brewery/restaurant/brew pub from
having billiard tables provided that the billiard tables shall not exceed 35% of the gross
floor area of the establishment)
ii. Archery or gun range
iii. Adult Novelty Shops
iv. Adult Entertainment Establishments including but not limited to, Adult bookstore,
v. Adult dancing establishment, Adult mini motion picture theater, Adult motion
picture arcade, Adult motion picture theater, Adult video store, Erotic dance
establishment and Escort bureau, as defined by the City of Smyrna's Code of
Ordinances.
vi. Gun Shops
vii. Pawnshops and Check Cashing Establishments
viii. Tattoo and Body Piercing Parlors
ix. Massage Parlors
x. Fast Food Restaurants with drive through windows
xi. Vape, CBD and smoke shops
xii. Barber shops and nail salons
xiii. Liquor stores
xiv. Arcades
xv. Onsite dry cleaners;
seconded by Mayor Pro Tem/Councilmember Tim Gould.
The motion to approve carried with the following vote:
Aye: 5 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Mayor pro tem / Councilmember Gould and Councilmember Wheaton
Nay: 1 - Councilmember Wilkinson
C. RES2022-08 Approval of Resolution RES2022-08 for the funding and submittal of an
application to the Atlanta Regional Commission (ARC) for participation in
the 2022 Livable Centers Initiative grant program for the development of
a South Cobb Drive corridor study in the amount of $40,000.00, which is
a 20% local match by the City, and authorize the Mayor to sign and
execute all related documents.
City of Smyrna
Ward / Citywide
Penny Moceri, Deputy City Administrator, provided the following background:
The Community Development Department is seeking approval for a funding resolution
in the amount of $40, 000 to submit an application to the Atlanta Regional Commission
to participate in the 2022 Livable Centers Initiative grant program for the development
of the South Cobb Drive corridor study. The proposed study area would encompass
parcels along or near South Cobb Drive from Oakdale Drive / Lake Court to Pat Mell
Road. The study is intended to create a master plan to advance affordable housing,
creative place making, transit, green infrastructure and smart city technology.
Community Development is applying for a total grant amount of $200, 000 for the study.
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City Council Meeting Minutes - Final February 21, 2022
Participation in the grant program would require a local match of 20% by the city for a
total match amount of $40, 000.
Community Development recommends approval of Resolution RES2022-08 for the
funding and submittal of an application to the Atlanta Regional Commission (ARC) for
participation in the 2022 Livable Centers Initiative (LCI) Grant Program for the
development of a South Cobb Drive corridor study in the amount of $40, 000.00, which
is a 20% local match by the City, and authorize the Mayor to sign and execute all
related documents.
Councilmember Travis Lindley made a motion to approve item RES2022-08 a resolution
(RES2022-08) for the funding and submittal of an application to the Atlanta Regional
Commission (ARC) for participation in the 2022 Livable Centers Initiative grant program
for the development of a S. Cobb Drive corridor study in the amount of $40,000.00,
which is a 20% local match by the City, 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:
5. Privilege Licenses:
6. Formal Business:
A. RES2022-06 Approval of Resolution RES2022-06 calling for a Special Election for the
Ward 2 Council seat, setting qualifying dates, setting a qualifying fee of
$567.00, approval for the City to enter into a Contract with Cobb County
Board of Elections for the Primary Election May 24, 2022 and authorize
the Mayor to sign and execute all related documents.
Ward 2
Penny Moceri, Deputy City Administrator, provided the following background:
Mr Austin Wagner announced at the February 3, 2022 Committee of the Whole
Meeting that effective immediately he would be stepping down from his Ward 2 Council
seat to serve in a position under Atlanta Mayor Andre Dickens. He forwarded an email
to the City Clerk's Office tendering his resignation effective February 3, 2022.
The Cobb County Board of Elections will contract with the City to hold and supervise
the Special Election for the City of Smyrna during the State Primary Election May 24,
2022. Qualifying dates will be March 8, 2022 and March 9, 2022; 8:30 AM - 4:30 PM
with an hour for lunch 12.00 PM - 1:00 PM and March 10, 2022, 8:30 AM - 12:30 PM.
The Qualifying Fee will be set at $567.00 which is 3% of the gross salary of the office
and posted for Public Notice by Cobb Elections.
Councilmember Travis Lindley made a motion to approve item RES2022-06, a
resolution (RES2022-06) calling for a Special Election for the Ward 2 Council seat,
setting qualifying dates, setting a qualifying fee of $567.00, approval for the City to
enter into a Contract with Cobb County Board of Elections for the Primary Election
May 24, 2022 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:
City of Smyrna Page 14
City Council Meeting Minutes - Final February 21, 2022
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
Councilmember Wheaton
B. 2021-569 Approval to award RFP 22-017 to TSW Design (1447 Peachtree Street
NE, Suite 850, Atlanta, GA 30309), to provide design, documentation,
and construction administration services for renovation of the library's
existing five public restrooms using $49,950.00 pf Smyrna CDBG Public
Facilities balance and authorize the Mayor to sign and execute all related
documents.
Ward 3 / Councilmember Lindley
Penny Moceri, Deputy City Administrator, provided the following background:
The City of Smyrna requested qualifications and cost proposals from firms to provide
design, documentation, and construction administration services for renovation of the
library's existing five public restrooms. The proposed work includes energy -efficient
design for two men's, two women's, and one family restroom to bring the facilities up to
code and in compliance with ADA regulations. This project is funded by the
Community Development Block Grant (CDBG). Three (3) firms submitted, and the
proposals were ranked by selected City staff. Based on the scores of the firm's
proposal and qualifications it is our recommendation to award this project to TSW.
Smyrna Library and Purchasing recommend approval to award TSW Design (1447
Peachtree Street NE, Suite 850, Atlanta, GA 30309) to provide design, documentation,
and construction administration services for renovation of the library's existing five
public restrooms using $49,950.00 of Smyrna CDBG Public Facilities balance and
authorize the Mayor to sign and execute all related documents.
Councilmember Travis Lindley made a motion to approve item 2021-569 to award RFP
22-017 to TSW Design (1447 Peachtree Street NE, Suite 850, Atlanta, GA 30309), to
provide design, documentation, and construction administration services for renovation
of the library's existing five public restrooms using $49,950.00 of Smyrna CDBG Public
Facilities balance 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: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
Councilmember Wheaton
C. 2022-070 Approval to award RFP22-018 for Rebuilding Together -Atlanta (3060
Peachtree Road NW, Suite 1810 Atlanta, GA 30305) for program
development, administration, case management, construction
management and other services necessary to establish and maintain the
City's Community Development Block Grant (CDBG) Home Repair Grant
program using $62,500 which includes grant funds and administration fee
from CDBG Public Facilities balance and authorize the Mayor to sign and
execute all related documents.
Ward / Citywide
Penny Moceri, Deputy City Administrator, provided the following background:
City of Smyrna Page 15
City Council Meeting Minutes - Final February 21, 2022
The City of Smyrna requested proposals for program development, administration,
case management, construction management and other services necessary to
establish and maintain the City's CDBG Home Repair Grant program. The City has
allocated $50, 000 in Community Development Block Grant funds to assist qualified
homeowners with grants for home repairs and administration. Three (3) firms
submitted, and our recommendation is to award this project to Rebuilding
Together -Atlanta. Rebuilding Together -Atlanta has experience managing similar
projects for City of Atlanta and Veterans at Home Program. The administration fee of
the program would be $12,500, bringing the project total to $62,500.
Councilmember Charles Welch made a motion to approve item 2022-070 to award
RFP22-018 for Rebuilding Together -Atlanta (3060 Peachtree Road NW, Suite 1810,
Atlanta, GA 30305) for program development, administration, case management,
construction management, and other services necessary to establish and maintain the
City's Community Development Block Grant (CDBG) Home Repair Grant program
using $62,500.00 which includes grant funds and administration fee from CDBG Public
Facilities balance and authorize the Mayor to sign and execute all related documents;
seconded by Councilmember Travis Lindley.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tern / Councilmember Gould and
Councilmember Wheaton
D. 2022-049 Approval to authorize Croy Engineering for FY 2022 Waterline Design
and Engineering Services in the amount of $148,800.00 for Doeskin and
Green Forest area, Lake Court area, and Spring Road area.
Ward / Citywide
Penny Moceri, Deputy City Administrator, provided the following background:
Public Works budgeted $150,000.00 for water/sewer design projects to achieve the
goal of upgrading all water and sewer lines. Croy Engineering has submitted proposals
for design and engineering services for the following areas:
Doeskin and Green Forest area $50, 000.00
Lake Court area $47, 300.00
Spring Road area $51, 500.00
TOTAL $148,800.00
It is the recommendation of Purchasing and Public Works that this project be awarded
to Croy Engineering in the amount of $148,800.00.
Councilmember Charles Welch made a motion to approve item 2022-049 to authorize
Croy Engineering for FY 2022 Waterline Design and Engineering Services in the
amount of $148,800.00 for Doeskin and Green Forest area., Lake Court area, and
Spring Road area; seconded by Mayor Pro Tem/Councilmember Tim Gould.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tern / Councilmember Gould and
Councilmember Wheaton
City of Smyrna Page 18
City Council Meeting Minutes - Final February 21, 2022
E. 2022-079 Authorization for the City or Downtown Development Authority to enter
into a yearly lease agreement (with a three year renewal option) with
Glock at Highland Overlook for 6,400 sq ft of space located at 1100
Wilson Way, Suite 400, Smyrna, GA 30082 for the purpose of creating a
law enforcement training facility with an annual lease cost of $85,000.00
and an initial estimated upfront cost to renovate the facility of
$100,000.00 and authorize the Mayor to sign and execute all related
documents. Additionally, authorization of a budget amendment to the
adopted FY 2022 budget in the amount of $30,000 taken from General
Fund reserves and added to Police Admin Rental of Buildings to cover
the lease and operational costs for the remainder of FY 2022 and an
amendment to establish a project in the ARPA fund in the amount of
$67,000 to fund the upfront renovation costs ($33,000 of renovation will
be covered using police forfeiture funds) and authorize the Mayor to sign
and execute all related documents.
Ward / Citywide
Penny Moceri, Deputy City Administrator, provided the following background:
The police department will have a critical need for a facility to conduct law enforcement
training once the existing structure has been removed on Atlanta Road. 1100 Wilson
Way, Suite 400 has been offered as a possible solution to create a new and improved
law enforcement training center. The building located off of Highlands Parkway on the
south end of the city has 6,400 square feet of usable space.
It incorporates four (4) offices, a room for the firearms training simulator (FATS), a
forty (40) student classroom, and 3,400 square feet of unfinished warehouse space.
This can be used for defensive tactics training and other simulated training needed to
maintain a highly competent and well trained work force. Additionally, this venue
creates a footprint for law enforcement on the south end of the city. Officers training
and utilizing this space places officers in strategic locations for a variety of service
needs (presence, response times, handling local criminal issues confined to the south
end, etc). Additionally, it can used as a marketing effort to attract and recruit new
workforce talent and serve as a south precinct if needed.
The facility will need some upgrades for security, intemet, door access, paint, flooring,
furniture and HVAC. Total build cost to move in, $100,000.00. Annual cost, $85,000.00
and it is available for lease up to 3 years.
• Rent: $5,000.00 monthly
• Furniture (office furniture, classroom tables/chairs, media): $5, 000.00
• Paint and flooring: $33, 000.00
• Internet connection (includes door access, security camera installation, firewall, rack,
computer, and video conferencing): $27, 000.00
• Room preparation for FATS simulator: $3, 000.00
• Utilities (lights, HVAC, internet, water): $1300.00 monthly
Mayor Norton noted that the funds used to make facility improvements will actually be
backed out of the lease amount.
Councilmember Lewis Wheaton asked Chief Zgonc to explain the type of training that
will take place in this facility. Chief Zgonc stated that it will be used for a firearms
City of Smyrna Page 17
City Council Meeting Minutes - Final February 21, 2022
simulator (scenario based training), the Citizens' Police Academy, and defensive
tactics training like Brazilian jiu jitsu
Councilmember Lewis Wheaton made a motion to approve item 2022-079, an
authorization for the City of Downtown Development Authority to enter into a yearly
lease agreement (with a three year renewal option) with Glock at Highland Overlook for
6,400 sq. ft. of space located atl 100 Wilson Way, Suite 400, Smyrna, GA 30082 for
the purpose of creating a law enforcement training facility with an annual lease cost of
$85,000.00 and an initial estimated upfront cost to renovate the facility of $100,000.00
and authorize the Mayor to sign and execute all related documents. Additionally,
authorization of a budget amendment to the adopted FY 2022 budget in the amount of
$30,000 taken from General Fund reserves and added to Police Admin Rental of
Buildings to cover the lease and operational costs for the remainder of FY 2022 and an
amendment to establish a project in the ARPA fund in the amount of $67,000 to fund
the upfront renovation costs ($33,000 of renovation will be covered using police
forfeiture funds) and authorize the Mayor to sign and execute all related documents;
seconded by Councilmember Travis Lindley.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
Councilmember Wheaton
F. 2022-084 Approval to award RFP 21-015 Full -Service Janitorial Contract to the 2nd
bidder General Building Maintenance, Inc. of 3835 Presidential Pkwy
#200, Atlanta, GA 30340 in the amount of $175,823.40 and authorize the
Mayor to sign and execute all related documents.
Ward / Citywide
Penny Mocen, Deputy City Administrator, provided the following background:
This request for proposal for the full -service janitorial contract was initially awarded to
American Facility Services in July 2021 with a start date of August 1, 2021. This
janitorial contract is a full -service agreement that provides janitorial services for City
Hall, Library, Police Administration, Brawner Hall, Fire Station #1, Recycling Center,
Wolfe Center, and Community Center. The review team ranked American Facility
Services as the highest ranking firm based on providing comparable services to many
public agencies. General Building Maintenance, Inc. was ranked second during that
process.
Since the start of the contract with American Facility, there have been constant issues
due to staffing and GCIC compliance. On Feb 14, 2022, the contractually required
30-day notice was given to terminate the contract. City purchasing staff began
negotiations with the 2nd bidder, General Building Maintenance, Inc. about taking over
janitorial services. General Building Maintenance will begin services March 21, 2022.
The contract amount will be $175,823.40.
Building and Grounds and Purchasing recommend approval to award RFP21-015
Full -Service Janitorial Contract to the 2nd bidder General Building Maintenance, Inc. of
3835 Presidential Pkwy #200, Atlanta, GA 30340 in the amount of $175,823.40 and
authorize the Mayor to sign and execute all related documents.
Councilmember Travis Lindley made a motion to approve item 2022-084 to award RFP
21-015 Full -Service Janitorial Contract to the 2nd bidder General Building Maintenance,
City of Smyrna Page 18
City Council Meeting Minutes - Final February 21, 2022
Inc. of 3835 Presidential Pkwy #200, Atlanta, GA 30340 in the amount of $175,823.40
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: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
Councilmember Wheaton
G. ORD2022-02 Approval of Ordinance ORD2022-02 for the amendment to Sec. 102-58
Hydrant Obstruction, Maintenance and Testing, providing for the
operating procedures for private fire hydrants and authorize the Mayor to
sign and execute all related documents.
Ward / Citywide
Penny Moceri, Deputy City Administrator, provided the following background:
This is a request from public works to create & add an ordinance covering Standard
operating procedures for "Private Fire Hydrants". The proposed ordinance includes the
specifications and other requirements as well as the maintenance and testing
requirements for Private Fire Hydrants.
Public Works staff recommends approval of Ordinance ORD2022-02 for the
amendment to Sec. 102-58 Hydrant Obstruction, Maintenance and Testing, providing
'— for the operating procedures for private fire hydrants and authorize the Mayor to sign
and execute all related documents.
Councilmember Susan Wilkinson made a motion to approve item ORD2022-02, an
ordinance (ORD2022-02) for the amendment to Sec. 102-58 Hydrant Obstruction,
Maintenance and Testing, providing for the operating procedures for private fire hydrants
and authorize the Mayor to sign an execute all related documents; seconded by
Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
Councilmember Wheaton
H. ORD2022-06 Approval of Ordinance ORD2022-06 for the amendment to Appendix D,
Section 5 (i) to increase the minimum size for continuous copper tubing
for service lines from 3/4 inch to 1 inch and authorize the Mayor to sign and
execute all related documents.
Ward / Citywide
Penny Moceri, Deputy City Administrator, provided the following background:
This is a request from public works to amend existing ordinances. Currently Appendix
D, Section 5 (i) provides that service lines must be a minimum of Y44 inch type K
continuous copper tubing. Public works has requested that this be changed to require
an increased size of 1 inch. All remaining provisions remain unchanged.
Public Works staff recommends the approval of Ordinance ORD2022-06 for the
amendment to Appendix D, Section 5 (i) to increase the minimum size for continuous
City of Smyrna Page 19
City Council Meeting Minutes - Final February 21, 2022
copper tubing for service lines from % inch to 1 inch and authorize the Mayor to sign
and execute all related documents.
Councilmember Charles Welch made a motion to approve item ORD2022-06, and
ordinance (ORD2022-06) for the amendment to Appendix D, Section 5 (i) to increase
the minimum size for continuous copper tubing for service lines from 3/4 inch to 1 inch
and authorize the Mayor to sign and execute all related documents; seconded by
Councilmember Travis Lindley.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tern / Councilmember Gould and
Councilmember Wheaton
2022-090 Authorization to enter into a contractual agreement with Butler Snow LLP
(1020 Highland Colony Parkway, Suite 1400, Ridgeland, Mississippi
39157) for the performance of Legal Services related to the upcoming
redistricting plan for the seven wards of Smyrna, Ga., and authorize the
Mayor to sign and execute all related documents.
Ward / Citywide
Penny Moceri, Deputy City Administrator, provided the following background:
The 2020 census will require redistricting in the City of Smyrna. The City wishes to
contract with Butler Snow LLP to conduct these services as outlined below and in the
attached Contractual Agreement.
I. SCOPE OF SERVICES: Butler Snow will provide special legal services to the City
as follows:
(1) advise Council on current legal issues and related law pertaining to redistricting;
(2) review and analyze current redistricting plan for the Council, and advise as to
related legal issues and develop benchmark plan for same;
(3) prepare and draw draft map for the Council and hold a minimum of one (1) public
hearing to obtain input from public of proposed map or maps;
(4) present final map to Council for adoption; and
(5) generally render all legal advice necessary for the proper preparation, adoption and
approval of any redistricting plan(s), including the ability to hire consulting experts if
needed, the preparation of legal descriptions, and any related litigation.
Il. PERIOD OF PERFORMANCE: The term of this Agreement shall commence on the
date it is approved by the Council and executed by the Mayor and shall expire when
Butler Snow completes its scope of services.
Ill. RELATIONSHIP OF PARTIES: It is expressly understood and agreed that Butler
Snow is an independent contractor and that the purchase of legal services is not
based on an employer -employee relationship.
Councilmember Travis Lindley made a motion to approve item 2022-090, an
authorization to enter into a contractual agreement with Butler Snow LLP (!020
Highland Colony Parkway, Suite 1400, Ridgeland, Mississippi 39157) for the
performance of Legal Services related to the upcoming redistricting plan for the seven
wards of Smyrna, GA, and Authorize the Mayor to sign and execute all related
documents; seconded by Councilmember Glenn Pickens.
City of Smyrna Page 20
City Council Meeting Minutes - Final February 21, 2022
7.
8.
A
The motion to approve carried with the following vote:
Aye: 5 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Mayor pro tem / Councilmember Gould and Councilmember Wheaton
Nay: 1 - Councilmember Wilkinson
Commercial Building Permits:
There were no commercial building permits.
Consent Agenda:
A motion was made by Mayor Pro Tern / Councilmember Gould, seconded by
Councilmember Lindley, to approve the Consent Agenda. The motion carried with the
following vote:
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
Councilmember Wheaton
MIN2022-07 Approval of the February 3, 2022 Committee of the Whole Meeting
Minutes.
Ward / Citywide
This item was approved on the Consent Agenda.
B. MIN2022-08 Approval of the February 7, 2022 Pre -Council Meeting Minutes.
Ward / Citywide
This item was approved on the Consent Agenda.
C. MIN2022-09 Approval of the February 7, 2022 Mayor and Council Meeting Minutes.
Ward / Citywide
This item was approved on the Consent Agenda.
D. 2022-082 Ratify and approve a road closure on Windy Hill Road at Burbank Circle
for the revised dates of February 14 - 16, 2022 for the construction of the
Windy Hill Boulevard Improvements.
Ward / Councilmember Wilkinson
This item was approved on the Consent Agenda.
E. 2022-083 Approval for Atkins Park and Zucca through Redbird Events to hold the
19th Annual St. Patrick's Day Celebration(s) - three days of festival - in
the Market Village taking place in 2022 on Thursday, March 17 from 4:00
p.m. until 11:00 p.m. (outdoor music ending at 10:00 p.m.), Friday, March
18 from 4:00 p.m. until 11:00 p.m. (outdoor music ending at 10:00 p.m.)
and Saturday, March 19 from 11:00 a.m. until 11:00 p.m. (outdoor music
ending at 10:00 p.m.) - with setup beginning on the afternoon of
Wednesday, March 16 and all event/festival items removed or out of sight
City of Smyrna Page 21
City Council Meeting Minutes - Final February 21, 2022
by midnight, Saturday, March 19 for pickup on Sunday, March 20, 2022.
Ward 3 / Councilmember Lindley
This item was approved on the Consent Agenda.
F. 2022-022 Approval for the purchase of a SCBA cascade air system for the Fire
Department from Municipal Emergency Services (MES), 6710-C North
Park Blvd., Charlotte, NC. 28216, in the amount of $53,980.71, to be
funded from the FY22 Capital Improvement Projects (CIP) and authorize
the Mayor to sign and execute all related documents.
Ward / Citywide
This item was approved on the Consent Agenda.
G. 2022-039 Approval to award RFQ 22-020 site Improvements at Durham Park and
Taylor Brawner Park to the lowest bidder Ashford Gardeners located at
16040 Birmingham Highway, Milton, GA 30004 for $169,188.00 and to
authorize the Mayor to execute any related documents. Additionally,
authorization to amend the FY 2022 adopted budget to establish a
project in the ARPA fund in the amount of $102,000 to fund the project
(remaining project costs to be funded by two projects previously
established in the CIP fund) and to authorize the Mayor to execute any
related documents.
Ward 6 / Mayor Pro Tem / Councilmember Gould
Ward 3 / Councilmember Lindley
This item was approved on the Consent Agenda.
H. POL2022-01 Approval of the ARTery policy as presented at the February 3, 2022
Committee of the Whole Meeting.
Ward / Citywide
This item was approved on the Consent Agenda.
I. 2022-094 Approval of a retroactive road closure on Ward Street for Saturday,
February 19, 2022 from 9:OOAM to 6:OOPM as part of the work on the
Windy Hill Project.
Ward 3 / Councilmember Lindley
Ward 5 / Councilmember Wilkinson
This item was approved on the Consent Agenda.
9. Ward / Committee Reports:
Councilmember Travis Lindley thanked staff and others that participated in the
rededication of Mt. Zion Cemetery. He stated it was a proud moment.
Councilmember Susan Wilkinson stated that previous council added a line -item to the
budget for Black History Month and Hispanic History Celebration. She also addressea
Aunty Fanny's Cabin and its disrepair. She stated that it is wrong to imply that the
previous council were remiss in their duties for the upkeep of that building.
City of Smyrna Page 22
City Council Meeting Minutes - Final February 21, 2022
Mayor Pro Tem/Councilmember Tim Gould thanked staff and Councilmember Lindley
for the Mt. Zion rededication ceremony. It was a symbolic change for the City. Mr.
Gould also discussed that they had just completed the Racial Trust Building Initiative
and hope to roll that out to the community with the goal of building familiarity and trust
for different communities of different ethnicities. Mr. Gould reminded everyone that the
Committee to Honor Fanny Williams will meet on February 22, 2022.
Councilmember Lewis Wheaton stated that because of Covid, many Black History
Month celebrations will be moved appropriately to Juneteenth. A lecture will be given
by Erica Armstrong Dunbar about her book "She Came To Slay" about Harriett
Tubman. Dr. Wheaton congratulated highschoolers and middle schoolers who are
moving on to magnet programs and colleges. He also mentioned downed trees in Ward
7 and conversations with Commissioner Sheffield and the railroads.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
There were no show cause hearings.
- Pat Burns - 10 Concord Road - She is opposed to the demolition of Aunt Fanny's
Cabin. She stated that in 2019 then Councilmembers Norton and Gould cast nay votes
opposing a Black History event. A full copy of her statement can be found in the
agenda packet.
'Mayor Norton stated that he and Mr. Gould did not vote against a Black History event.
He stated that it was a budget and timing consideration for the Hispanic Heritage
Celebration.
'Councilmember Travis Lindley stated that the prior regime sponsored and restored the
Reed House. This was not an action of the current government. Facts matter.
- Lisa Castleberry - 2600 Moore Rd - thanked the Council for the Mt. Zion Cemetery
celebration. Ms. Castleberry stated that she wants the City to honor Fanny Williams
with respect and dignity. She used to work at the restaurant and it was like working on
a plantation where people were called derogatory names and treated very poorly. She
stated that building was not put there to honor Fanny Williams.
- Maryline Blackburn - Smyrna resident - thanked Council for the Mt. Zion Cemetery
rededication. She stated that is one of only two Black historical places in Smyrna, the
other being Aunt Fanny's Cabin. She is opposed to the demolition of Aunt Fanny's
Cabin.
Mayor Derek Norton adjourned the February 21, 2022 Mayor and Council Meeting at
8:54 AM.
City of Smyrna Page 23
MAYOR AND COUNCIL MEETING
U
D REK NORTON
MAYOR
VACANT, WARD 2
CA,, Lxj (aQ ,
CHARLES A. WELCH, WARD 4
TIM GOULD, WARD 6
MAYOR PRO TEM
HEATHER K. PEACON-CORN
CITY CLERK
G L Et PICKENS, WARD 1
TRAVIS LINDLEY, WA 3
TON,
CITY SEAL
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