04-18-2022 April 18, 2022 Mayor and Council Meeting Minutes - SIGNED - LF0� s�y�
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Monday, April 18, 2022
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Roll Call
City of Smyrna
Meeting Minutes - Final
City Council
A. Max Bacon City Hall
Council Chambers
2800 King Street SE
Smyrna, GA. 30080
7:00 PM A. Max Bacon City Hall - Council Chambers
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 - Jeffrey Tucker
Staff: 9 - Joe Bennett, Dan Campbell, Jennifer Bennett, Jill Head, Russell Martin,
Penny Moceri, Heather Peacon-Corn, Carol Sicard and Joey Staubes
Call to Order
Mayor Derek Norton called to order the April 18, 2022 Mayor and Council meeting held
at A. Max Bacon City Hall Council CHambers at 7:00 PM.
Invocation and Pledge:
Deacon Justin Kier of International Gospel Outreach Church (1101 Windy Hill Rd) led
the invocation and Pledge of Allegiance.
Agenda Changes:
Mayor Derek Norton asked if there were any candidates running for office present who
wanted to come to the podium to make an announcement.
Andres Sandate - Candidate for Cobb County School Board Post 2 - He is running for
the seat currently held by Dr. Jaha Howard.
Michael Starks - Candidate for Smyrna City Council Seat Ward 2 - He is running for
the seat left vacant by former Councilmember Austin Wagner. His website for more
information is starks4smyma.com
2022-223 Request to remove items 4E and 4F from Formal Business.
Mayor Derek Norton stated that he will recuse himself and leave the dais because he
has a professional relationship with a business affected by the change in the
ordinances. Mayor Norton left the dais at 7:06 PM. Mayor Pro Tem/Councilmember
Tim Gould assumed the role of chairperson in Mayor Norton's absence and asked for a
motion for item 2022-223, a request to remove items 4E and 4F from Formal
Business.
Mayor Derek Norton returned to the dais at 7:07 PM after the vote was concluded and
recorded.
City of Smyrna Page 1
City Council Meeting Minutes - Final April 18, 2022
-- Commercial) to R-15 (Residential) for the ability to use the existing structure for
residential purposes. The subject property is zoned GC and currently occupied with a
residential structure on the lot. The applicant is proposing an addition to the structure
and requires a zoning change from GC to R-15. Since the property is a legal
non -conforming use, the structure can not be expanded per Section 1102 of the Zoning
Ordinance. Rezoning the property to R-15 would bring the property in -line with the
appropriate use of the property. The Planning & Zoning Board recommended approval
by a vote of 7-0 at the March 14, 2022 meeting.
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.
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 is consistent
with the future land use designation of MODR (Moderate Density Residential).
Community Development has reviewed the proposed development against the
requirements of the Zoning Ordinance and found it to be in compliance. Community
Development Staff is supportive of the change in zoning from GC to R-15. Community
Development recommends approval of the rezoning from GC to R-15 at 3382
Ridgecrest Road the following condition:
1. Approval of the subject property shall be conditioned upon substantial compliance
with the site plan submitted on 2111122.
Pam Tatum, applicant and president of PLR Properties, was present. She stated that
when they purchased the property they thought it was already zoned residential. She
added that they are adding a master suite addition taking the property from a 2
bedroom/1 bath to a 3 bedroom/2 bath.
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 2022-147, a public
hearing and zoning request (Z22-002) to allow rezoning from GC to R-15 for an addition
to a single-family home on 0.38 acres on land lot 453 located at 3382 Ridgecrest Road
by applicant PLR Properties Inc.; 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. 2022-148 Public Hearing - Zoning Request - Z22-003 - Allow rezoning from LC to
R-15 for the construction of a new single-family home - 0.35 acres - Land
Lot 520 - 2635 Hickory Hill Drive - Harold Shoemaker
Ward 3 / Councilmember Lindley
Joey Staubes, Planner Il, presented the following background:
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City Council Meeting Minutes - Final April 18, 2022
to RDA -Conditional for the development of two -single family homes -
0.35 acres - Land Lot 632 - 2761 Mathews St - McBev One LLC
Ward 3 / Councilmember Lindley
Russell Martin, Community Development Director, presented the following background:
McBev One LLC is requesting a rezoning from R-15 (Residential) to RDA -Conditional
(Residential) for a two lot single-family detached subdivision. The subject property is
zoned R-15 and is occupied with a single-family home. The applicant plans to build two
new homes on the two lots. The minimum lot size will be 7,560 sq. ft. prior to
dedication of 10 ft. of right-of-way along Mathews Street. The proposed setbacks are
consistent with the RDA zoning district and surrounding properties. The proposed
homes will face Mathews Street with rear -entry garages from a shared access drive.
The City Engineer has reviewed the proposed rezoning with respect to transportation,
stormwater management, stream buffer issues, and in general believes that it meets
city requirements. 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.
Community Development has reviewed the zoning proposal against the city's 2040
Comprehensive Plan and Future Land Use Plan. The zoning proposal to RDA is
consistent with the Land Use of MEDR (Medium Density Residential) under six (6) units
per acre.
Community Development has reviewed the proposed development against the
requirements of the Zoning Ordinance with respect to the RDA zoning standards. The
proposed development meets the zoning requirements for RDA. Community
Development staff is supportive of the change in zoning from R-15 to RDA -Conditional.
Community Development recommends approval of the rezoning from R-15 to
RDA -Conditional with a density of 5.7 units per acre at 2761 Mathews Street with the
following conditions:
Standard Conditions
Requirements # 2, 3, 4, 5, 8, 9, 10, 12, and 17 from Section 1201 of the Zoning Code
are not applicable. The following requirements remain applicable.
1. The composition of the homes in a residential subdivision 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% hardy plank siding. The residences whose
lots abut 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 two feet 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
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City Council Meeting Minutes - Final April 18, 2022
•— his family have lived at this address just under fouryears. He stated he is a registered
civil engineer and no stranger to these kinds of requests. Mr. Galloway spoke to
Councilmember Lindley and Community Development Director Russell Martin about his
concerns. His first concern is construction: noise, erosion control, and fencing. He
asked that at a minimum the fence remain until occupancy for safety concems. He
expressed that currently ten cars plus delivery vehicles enter and exit the driveway
each day. His other concern is that the site plan stipulates the shared driveway is to
discharge into the pond behind his home, but it is very muddy and this will make it
worse. He stated that this does not benefit neighbors or his family. He also expressed
that the applicant has made no effort to notify the current residents of the impact. Mr.
Galloway requested that the Council table this until meaningful conversations can take
place with residents. Councilmember Lindley asked for clarification that the applicant
has not had formal communication with the HOA. Mr. Galloway stated that is correct,
no communication has taken place.
Councilmember Lindley expressed concern that the developer has not communicated
with the residents. He asked that Community Development work with the developers
and residents to address the construction fencing issue and agree to keep the fencing
up longer for safety reasons. He also stated that he would like them to look into trying
to keep the large tree in place.
Councilmember Travis Lindley made a motion to table to the May 2, 2022 Mayor and
Council Meeting item 2022-149, a public hearing and zoning request (Z22-004) to allow
rezoning from R-15 to RDA -Conditional for the development of two -single family homes
on 0.35 acres on land lot 632 located at 2761 Mathews St by applicant McBev One
LLC; seconded by Councilmember Susan Wilkinson.
The motion to table until the May 2, 2022 Mayor and Council meeting carried with the
following vote:
Aye: 6 - Councilmember Pickens, Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor pro tem / Councilmember Gould and
Councilmember Wheaton
E. ORD2022-10 Public Hearing - Approval of a code amendment for Section 712 of the
Zoning Ordinance related to the use of temporary screening for drive-in
theaters - Community Development Department
Ward / Citywide
This Ordinance was removed from the agenda.
F. ORD2022-11 Public Hearing - Approval of a code amendment to Sections 82-15 and
82-16 of the City's Sign Ordinance related electronic wall signs for large
scale retail tenants - Community Development Department
Ward / Citywide
This Ordinance was removed from the agenda.
5. Privilege Licenses:
There were no privilege licenses.
6. Formal Business:
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City Council Meeting Minutes - Final April 18, 2022
Construction Company, Inc. in the amount of $138, 000.00.
It is the recommendation of Purchasing and Public Works that this project be awarded
to the lowest responsive and responsible bidder, Ardito Construction Company, Inc.
Mayor Pro Tem/Councilmember Tim Gould made a motion to approve item 2022-178 to
award RFQ 22-031 for Dunn Street Drainage Improvements to Ardito Construction
Company, 1290 Austell Road, Marietta, Georgia, 30080, in the amount of $138,000.00
to be paid out of Water CIP Storm fund; 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
C. 2022-191 Award RFQ 22-028 Splash pad/Sprayground for Riverline Park to the
highest scoring qualified bidder, Integrated Construction and Nobility,
Inc., (3335 Carrollton Villa Rica Hwy., Carrollton, GA 30116) in the
amount of $1,200,000.00 to be paid from 2022 SPLOST and authorize
the Mayor to execute any related documents.
Ward 7 / Councilmember Wheaton
Joe Bennett, City Administrator, provided the following background:
The City of Smyrna requested qualification proposals for a design -build firm for the
Splashpad/Sprayground at Riverline Park. Two proposals were received and evaluated
by the staff from Public Works and the Parks and Recreation Department.
The Parks and Recreation Department, and Public Works have reviewed and scored
the proposals and recommend award of bid RFQ 22-028 Splashpad/Sprayground for
Riverline Park to the highest scoring qualified bidder, Integrated Construction and
Nobility, Inc. and to authorize the Mayor to execute any related documents.
Councilmember Lewis Wheaton stated that this is very good for the community,
especially in that area where there are not a lot of community facilities. The feedback
from residents has been very positive.
Councilmember Lewis Wheaton made a motion to approve item 2022-191 to award
RFQ 22-028 for a Splashpad/Sprayground for Riverline Park to the highest scoring
qualified bidder, Integrated Construction and Nobility, Inc., (3335 Carrollton Villa Rica
Hwy., Carrollton, GA 30116) in the amount of $1,200,000.00 to be paid from 2022
SPLOST and authorize the Mayor to execute any 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
D. 2022-194 Approval to upgrade the outdoor warning system (OWS) siren software to
Motorola OptiWarn outdoor warning software through Mobile
Communications America (MCA), 2241 Tucker Ind. Rd., Tucker, Ga.
30084, utilizing SPLOST 2022 funds in the amount of $152,747.50.
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City Council Meeting Minutes - Final April 18, 2022
compression 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
F. 2022-210 Approval of the award of Bid RFP 22-032 Design -Build Village Green
Park to the lowest responsible bidder Winter Construction (5616
Peachtree Road, Suite 100, Atlanta, Georgia 30341) for an amount not to
exceed $1,000,000.00 to be paid from the Land Sale agreement with
Village Green Realty, LLC in the amount of $600,000.00 and amend the
FY 2022 adopted budget to pay the remainder from ARPA grant funds
and authorize the Mayor to execute any related documents.
Ward 3 / Councilmember Lindley
Joe Bennett, City Administrator, provided the following background:
The City of Smyrna requested qualification proposals for a Design -Build firm for the
Village Green Park. One (1) proposal was received and evaluated by city staff. Winter
Construction.
The evaluation team and Purchasing recommend award to Winter Construction. Winter
PMI* Construction is the selected vendor for the Downtown Improvements - Public
Greenspace project and they are teaming with Pond and Company for the design of the
park.
—Construction cost limitation during the pre -proposal meeting was indicated to be in
the range of $600, 000.00 to $1, 000, 000.00. Winter assumed a CCL of $750, 000.00 for
calculation purposes.
Purchasing and Parks and Recreation have reviewed and scored the proposal and
recommend approval of the award of Bid RFP 22-032 Design -Build Village Green Park
to the lowest responsible bidder Winter Construction.
Mr. Bennett stated that most of the cost is driven by the 2,200 sq It playground
equipment, seat walls, stage, and hardscapes. Electronics will be installed in the
stage.
Councilmember Charles Welch stated that he does not support the parts because he
believes they are taking public money for private benefit. The City sold property for
$600k with the intent to put it toward the park and adding $400k from ARPA. He
expressed that this is an ethical issue and he cannot support it.
Mayor Pro Tem/Councilmember Tim Gould stated that he believes it will be a great
addition to the downtown. This will create a balanced pet -friendly and kid -friendly area
and greenspace. This also places focus on economic development for downtown.
There are lots of other businesses that can benefit from the park that are within
walking distance.
Councilmember Susan Wilkinson reiterated her objection to using the funds from the
sale of the property and the APRA funds to fund this park. She stated that ARPA
funds could have been used for other projects, including the cabin. She further stated
that the Parks & Recreation master plan does not include this park.
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City Council Meeting Minutes - Final April 18, 2022
Nay: 1 - Councilmember Wilkinson
H. AGR2022-08 Approval of the Master Agreement for Energy Related Equipment Sale
and Installation between Georgia Power Company (241 Ralph McGill
Blvd., Atlanta, GA, 30308) and the City of Smyrna for install of certain
energy efficient related equipment throughout the City and authorize the
Mayor to sign and execute all related documents.
Ward / Citywide
Mayor Derek Norton explained that much of the equipment in the City is original to the
buildings, meaning they are over 30 years old.
Joe Bennett, City Administrator, provided the following background:
The City has been looking into more energy efficiency across all departments and has
previously received quotes related to the same. Ga Power provided a presentation that
allows the City to choose from several different areas of efficiency based on the
greatest need at specific City facilities.
Mr. Bennett stated there are 13 City buildings and, with the exception of failing
equipment, nothing has been improved or replaced.
Councilmember Glenn Pickens made a motion to approve item AGR2022-08, the
Master Agreement for Energy Related Equipment Sale and Installation between
Georgia Power Company (241 Ralph McGill Blvd., Atlanta, GA, 30308) and the City of
Smyrna for install of certain energy efficient related equipment throughout the City 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
7. Commercial Building Permits:
A. 2022-195 Approval of the issuance of a commercial building permit for construction
of a new McDonald's restaurant - 5150 South Cobb Drive - Hudson
Company.
Ward 7 / Councilmember Wheaton
Joe Bennett, City Administrator, provided the following background:
A commercial building permit has been issued at 5150 South Cobb Drive for the
construction of a new 4,600 square foot McDonald's fast food restaurant. The total
estimated cost of the project is $2, 086, 326.78 and Hudson Company is listed as the
general contractor for the project.
Councilmember Lewis Wheaton explained that this location had McDonald's and BP.
With this license, a stand-alone McDonald's will be built.
Councilmember Lewis Wheaton made a motion to approve item 2022-195, the
issuance of a commercial building permit for construction of a new McDonald's
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City Council Meeting Minutes - Final April 18, 2022
Peachtree Corners, GA 30092) in the amount of $182,940.00 to be paid
from Professional Services as budgeted in the FY22 approved budget
and authorize the Mayor to sign and execute all related documents. Two
other companies were non -responsive to this request for quotes.
Ward / Citywide
This Contract was approved.
G. 2022-176 Approval of the closing of the Market Village upper area around the
fountain, including blocking vehicle access from Atlanta Road and
portions of the Market Village streets/vehicular access and parking for
the purpose of special event series on Saturday, November 5 and
Saturday, December 3, 2022 titled "College Football Saturday in
Smyrna."
Ward 3 / Counciimember Lindley
This Authorization was approved.
H. 2022-182 Approval for two-day outdoor New Orleans style crawfish and music
focused event organized and managed by Atkins Park and Redbird
Events. On Saturday, April 23 from 11:00 am until 11:00 pm (outdoor
music ending at 10:00 pm) and Sunday, April 24 from 11:00 am until
11:00 pm (outdoor music ending at 10:00 pm) in the upper portion of the
Market Village with street closures to vehicular traffic.
Ward 3 / Counciimember Lindley
This Authorization was approved.
I. 2022-183 Approval of Secrets of Smyrna taking place on Saturday, October 22 and
Sunday, October 23, 2022 from 5:00 pm to 9:30 pm with three 45-minute
performances per night with street closings to include Memorial Place
between Church Street and Atlanta Road with request to utilize the
paver/steps area of the front of City Hall for check -in for each tour, making
use of the outdoor power outlets at the City Hall location.
Ward 3 / Counciimember Lindley
This Authorization was approved.
J. 2022-204 Approval of Amendment No. 3 to the Community Development Block
Grant (CDBG) Sub Recioient Agreement No: CD21-C21 SA -A and
CD21-C21 SA-F to extend the termination date for the agreement to
December 31, 2022 and authorize the Mayor to sign and execute all
related documents.
Ward / Citywide
F7 This Authorization was approved.
K. 2022-205 Approval of the Kings Springs Elementary 5th Grade Celebration Parade
on Wednesday, May 25, 2022 starting at 2:45 pm with rolling road
City of Smyrna Page 15
MAYOR AND COUNCIL MEETING
DEREK NORTON
MAYOR
VACANT, WARD 2
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TIM GOULD, WARD 6
MAYOR PRO TEM
HEATHER K. PEACON-CORN
CITY CLERK
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GLENN PICKENS, WARD I
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TRAVIS LINDLEY, WARD 3
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SUSAN WILKINSON, WARD 5
WHEATON, WARD 7
CITY SEAL