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06-02-2022 June 2, 2022 Mayor and Council MEeting MInutes - SIGNED - LFt Monday, June 6, 2022 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 tem / Councilmember Tim Gould and Councilmember Lewis Wheaton Also Present: 1 - Scott Cochran Staff: 8 - Joe Bennett, Dan Campbell, Jill Head, Russell Martin, Mary Moore, Landon O'Neal, Heather Peacon-Corn and Kristin Robinson Call to Order Mayor Derek Norton called to order the June 6, 2022 Mayor and Council Meeting held at A. Max Bacon City Hall in Council Chambers at 7:00 PM. 1. Invocation and Pledge: Pastor Christian Salzillo of Life Church Smyrna Assembly of God (4100 King Springs Rd) led the invocation and Pledge of Allegiance. 2. Agenda Changes: 3. Mayoral Report: Mayor Norton thanked all those who organized the wonderful Memorial Day ceremony. He stated that last Friday the Riverview Park dedication took place and encouraged all to enjoy the park that includes a boat launch, stage, etc. Mayor Norton stated he had the honor of representing the City at the new UCB Pharma building which boasts being the greenest and most sustainable building in the State of Georgia. He relayed that Her Royal Highness Princess Astrid of Belgium was also there which may be the first time royalty has been in Smyrna. Mayor Norton noted that Councilmember Lewis Wheaton was participating via telephone due to illness. A. 2022-307 Smyrna Arts Council Artist Recognition for the new City Hall exhibit Ward / Citywide A new collection of 21 pieces from six talented local artists is coming to Smyrna City Hall. The exhibit, which is available to view from May 2022 through July 2022, features watercolors by Jeanne Marie Mirkovic and Veena Raj, acrylic paintings by Shelly Leitheiser, digital illustrations by Justin Groom, photography by Becca McCoy, and alcohol ink abstract paintings by Miranda Cearley. City of Smyrna Page 1 City Council Meeting Minutes - Final June 6, 2022 Vanya Foote, President of the Smyrna Arts Council, came forward and thanked the Mayor and Council for featuring the artists' work at City Hall. B. 2022-300 Proclamation In Recognition of LGBTQ Pride Month Ward / Citywide Mayor Pro Tem/Councilmember Tim Gould read the following proclamation and presented it to Mike Mitchell of Smyrna is Fabulous: A Proclamation by the Mayor of the City of Smyrna in Recognition of LGBTQ Pride Month - June 2022 WHEREAS, for more than 50 years, June has been celebrated as LGBTQ Pride Month nationwide in honor of the LGBTQ citizens that rose up and fought discriminatory laws at Stonewall; and WHEREAS, the historical riot at Stonewall in New York City on June 28, 1969, is considered a turning point for LGBTQ liberation in the United States; and WHEREAS, the City of Smyrna cherishes the value and dignity of each person and appreciates the importance of equality and freedom, and WHEREAS, all are welcome in the City of Smyrna to live, work and play, and every family, in any shape, deserves a place to call home where they are safe, happy, and supported by friends and neighbors; and WHEREAS, the City of Smyrna denounces prejudice and unfair discrimination based on age, gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our fundamental principles; and WHEREAS, the City of Smyrna appreciates the cultural, civic, and economic contributions of the LGBTQ community; and WHEREAS, it is imperative that young people in our community, regardless of sexual orientation, gender identity, and expression, feel valued, safe, empowered, and supported by their peers and community leaders. NOW, THEREFORE, 1, Derek Norton, Mayor, do hereby proclaim and recognize June 2022 as LGBTQ Pride Month in the City of Smyrna and urge residents to recognize the contributions made by members of the LGBTQ community and actively promote the principles of equality, liberty, and justice. In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Smyrna to be affixed upon this 6th day of June in the year of Our Lord 2022 Mike Mitchell, Smyrna is Fabulous, came forward and expressed his gratitude to the Mayor and Council for this recognition. He relayed poignant interaction with an individual who made him realize how important it is to live in a community that loves all no matter what their background. He announced that on June 25, 2022, Smyrna is Fabulous, a 501(c)3, will celebrate equality and freedom with entertainment, vendors, and more than 700 members. City of Smyrna Page 2 City Council Meeting Minutes - Final June 6, 2022 C. 2022-305 Proclamation In Recognition of Marvin Patterson and Anne Borders -Patterson, Friends of the Smyrna Library Volunteers Ward / Citywide Councilmember Susan Wilkinson read the following proclamation and presented it to Marvin Patterson and Anne Borders -Patterson, Friends of the Smyrna Library Volunteers: WHEREAS: Marvin Patterson and Anne Borders -Patterson are dedicated and passionate volunteers, advocates, and fundraisers for Smyrna Public Library and the Friends of Smyrna Public Library, and WHEREAS: Anne Borders -Patterson is an Atlanta native and Spelman alumna, as a Civil Rights activist, she attended the 1963 March on Washington; she was a childhood learning researcher who held faculty positions at Ohio University, Southern Connecticut State University, Sacred Heart University, and Clark Atlanta University; and WHEREAS: In 2008, Anne Borders -Patterson joined the Board of the Friends of Smyrna Library and subsequently served as Member -at -Large, co-chair of the Lynda Crumley Memorial Internship committee and as Secretary for several years; and WHEREAS: Marvin Patterson spent 30 years working for IBM, retiring as head of national engineering and scientific marketing; after retiring from IBM, he became Associate Dean of the School of Business at Clark Atlanta University where he worked to grow the technical side of business education; and WHEREAS: Marvin Patterson joined the Board of the Friends of Smyrna Library in 2012 and served as Vice -President for ten years; and WHEREAS: Marvin Patterson and Anne Borders -Patterson made several unique contributions to the work of the Friends such as securing a speaking engagement by Christine King Farris, sister to Dr. Martin Luther King, Jr.; recruiting volunteers to design brochures and posters for "Murder Goes South" and other Friends projects, - soliciting donations from local businesses; and volunteering countless hours at fundraisers which funded library furniture, computers, books, and children's summer reading programs, and WHEREAS: Marvin Patterson and Anne Borders -Patterson were instrumental in the research, writing, and production of "Smyrna Libraries 75th Anniversary Oral Histories" documentary produced in 2011 and available for checkout at Smyrna Public Library; and NOW Therefore, 1, Derek Norton, Mayor of the City of Smyrna, do hereby recognize Marvin Patterson and Anne Borders -Patterson for their outstanding service and many contributions to Smyrna Public Library and the Friends of Smyrna Library. In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Smyrna to be affixed upon this 6th day of June in the year of Our Lord 2022 4. Land Issues/Zonings/Annexations: A. ORD2022-05 Public Hearing - Approval of ORD2022-05 for a zoning code City of Smyrna Page 3 City Council Meeting Minutes - Final June 6, 2022 amendment to Section 501 of the Zoning Ordinance pertaining to accessory structures with an effective date of July 1, 2022 and authorize the Mayor to review and sign all documents related thereto. Ward / Citywide Joe Bennett, City Administrator, provided the following background: The Community Development Department is proposing a change to Article V, Section 501.3 to allow accessory structures be utilized for short-term rentals and be consistent with the short-term rental ordinance. The proposed code amendment reads as follows: (501.3) Residential accessory uses and structures such as garages, greenhouses or workshops shall not be rented or occupied for gain; except as permitted in Article XI of Chapter 22 - Businesses of the cty's Code of Ordinances as it pertains to the operation of short-term rental units. The proposed zoning code amendment was heard by the Planning and Zoning Commission on February 14, 2022 and was recommended for approval by a vote of 6-0. Mayor Pro Tem/ Councilmember Tim Gould asked Russell Martin, Community Development Director, if this is tied into the Short-term Rental ordinance. Mr. Martin answered that it is tied into the Short-term Rental Ordinance with limitations to operate in order to operate in a legal manner. A public hearing was called, and Montserrat Knowlton - 1367 Polar Point - came forward. Ms. Knowlton stated that she wanted to make the Council aware that as it relates to renting residential spaces, people are renting their swimming pools out for parties. Councilmember Glenn Pickens made a motion to approve item ORD2022-05, a public hearing and zoning code amendment to section 501 of the Zoning Ordinance (ORD2022-05) pertaining to accessory structures with an effective date of July 1, 2022 and authorize the Mayor to review and sign all documents related thereto; 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 B. ORD2022-13 Public Hearing - Approval of ORD2022-13 for code amendments to Sections 402, 601, 714.1, 802, 902, and 1104 of the Zoning Ordinance for the establishment of a Heavy Industrial Zoning District and authorize the Mayor to review and sign all documents related thereto. Ward / Citywide Joe Bennett, City Administrator, provided the following background: The Community Development Department reviewed the list of allowable uses within the City's Zoning Ordinance as part of a preparation for the annexation of several properties with industrial uses. The uses occurring at the subject properties are industrial uses that exceed the permitted uses in the City's Light Industrial zoning district. Therefore, Community Development recommends the adoption of a Heavy City of Smyrna Page 4 City Council Meeting Minutes - Final June 6, 2022 Industrial zoning district, where the annexed properties may stay in conformance. Russell Martin, Community Development Director, stated that there are properties by the river interested in annexing into Smyrna. Smyrna does not have Heavy Industrial (HI) zoning category, only Light Industrial. An HI zoning category was created which is similar to Cobb County's in order to maintain the permitted uses they enjoy in Cobb County. A public hearing was called, and no one came forward in favor of or in opposition to this item. Councilmember Lewis Wheaton made a motion to approve item ORD2022-13, a public hearing and code amendments to sections 402, 601, 714.1, 902, and 1104 of the Zoning Ordinance (ORD2022-13) for the establishment of a Heavy Industrial Zoning District and authorize the Mayor to review and sign all documents related thereto; seconded by Mayor Pro Tem/Counci[member Tim Gould. 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. 2022-145 Public Hearing - Zoning Request - Z22-005 - Allow rezoning from GC & OI to TS-Conditional for the development of a 107 room hotel and rebranding of a 135 room hotel - 3.115 acres - Land Lots 846, 880 & 881 - Mogar Farms Funding LLC - 2855 Spring Hill Pkwy & 2685 Spring Rd. This item will be tabled at the applicants request to the July 18, 2022 Mayor and Council Meeting. Ward 1 / Councilmember Pickens Councilmember Glenn Pickens made a motion to table to the July 18, 2022 Mayor and Council Meeting item 2022-145, a public hearing and zoning request (Z22-005) to allow rezoning from GC & OI to TS-Conditional for the development of a 107 room hotel and rebranding of a 135 room hotel on 3.115 acres on land lots 846, 880 & 881 by applicant Mogar Farms Funding LLC located at 2855 Spring Hill Pkwy & 2685 Spring Rd.; seconded by Councilmember Travis Lindley. The motion to table to the July 18, 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 5. Privilege Licenses: 6. Formal Business: A. 2022-285 Adoption of the Fiscal Year 2023 Budget Ward / Citywide Councilmember Travis Lindley made a motion to approve item 2022-285, the adoption of the Fiscal Year 2023 Budget; seconded by Mayor Pro Tern/Councilmember Tim City of Smyrna Page 5 City Council Meeting Minutes - Final June 6, 2022 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 B. 2022-302 Approval to amend the budget for items not included in the FY 2022 budget adoption. Ward / Citywide Joe Bennett, City Administrator, provided the following background: During FY 2022, several expenditures have occurred that were not included in the adopted budget_ For financial reporting purposes, the budget needs to be amended to cover these expenditures. The General Fund needs to be amended as follows: 1. Amend to include the final amounts paid in the annual leave sell back that was previously approved by Council at the end of 2021. An estimate to be paid was provided. The actual amount was less than anticipated. The departmental budgets need to be amended to cover these payouts. The total amount paid was $100,925. 2. Amend the General Fund budget to account for the flow between funds related to the sale of property. 3. Amend the budget to reduce both revenue and expense budgets as a result of the change during the year to the commercial sanitation agreement. The Multiple Grant Fund needs to be amended to remove the budget initially adopted related to CARES funding. This was reclassified to another fund after the budget adoption. The Tax Allocation District Fund needs to be amended to account for higher than anticipated collections and a higher than anticipated debt service payment as a result of the higher collections. The DDA Fund needs to be amended to account for the proceeds from the sale of property and the transfer into the General Fund to cover the General Fund's transfer into CIP for the park project. Councilmember Travis Lindley made a motion to approve item 2022-302, to amend the budget for items not included in the FY 2022 budget adoption; 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. ORD2022-14 Approval of a code amendment to repeal Section 18-33 of Chapter 18 - Building and Building Regulations of the City's Code of Ordinance to remove the bonding requirements for general contractors and authorize City of Smyrna Page 6 City Council Meeting Minutes - Final June 6, 2022 the Mayor to review and sign all documents related thereto. Ward / Citywide Joe Bennett, City Administrator, provided the following background: Community Development is recommending the removal of the requirement for a general contractor to have a $15, 000 code compliance bond to conduct work in the City of Smyrna. General Contractors are licensed through the State and are required to carry insurance coverage as part of their licensure. The proposed amendment will eliminate the need for General Contractors to obtain a code compliance bond from an insurance agent prior to submitting for a building permit with the City of Smyrna. This amendment will save General Contractors the time to purchase the bond and the cost of the bond. This amendment will streamline permitting, as well as create efficiency within the Community Development Department. Community Development has surveyed the other municipalities in Cobb County and no other municipality is requiring General Contractors to carry a code compliance bond to work in their jurisdiction. This amendment will bring Smyrna in line with other municipalities. The City of Smyrna has not had to use a Code Compliance Bond for any project in the last 15 years. With the elimination of the code compliance bond requirement, Community Development would require proof of insurance prior to the issuance of the building permit. Councilmember Travis Lindley made a motion to approve item ORD2022-14, a code amendment to repeal Section 18-33 of Chapter 18 - Building and Building Regulations of the City's Code of Ordinance to remove the bonding requirements for general contractors and authorize the Mayor to review and sign all documents related thereto, 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. AGR2022-19 Authorization to enter into an Intergovernmental Agreement from July 1, 2022 through December 31, 2023 between the City of Acworth, Georgia and the City of Smyrna, Georgia for the Housing of Prison Inmates at a rate of $45 per 24 hour period for each inmate housed in the Smyrna Detention Center and authorize the Mayor to review and sign all documents related thereto. Ward / Citywide Joe Bennett, City Administrator, provided the following background: The City of Acworth, Georgia has requested the City of Smyrna, Georgia begin housing Acworth prison inmates and bonding Acworth inmates on July 1, 2022 and continuing until December 31, 2023 unless the agreement is terminated by means stated in the Intergovernmental Agreement. The City of Acworth has agreed to pay the City of Smyrna the sum of $45.00 per 24-hour period an Acworth prisoner is housed at the City of Smyrna jail. Said amount includes the bonding of Acworth prisoners by employees of the Smyrna Jail by procedures that are mutually agreeable to both parties. The City of Acworth recently closed their municipal jail and has requested to contract with the City of Smyrna for prisoner housing and bonding. An Intergovernmental City of Smyrna Page 7 City Council Meeting Minutes - Final June 6, 2022 Agreement was drafted which delineated the performance of such functions as well as the per diem rate for housing and bonding. Mayor Pro Tem/Councilmember Tim Gould made a motion to approve item AGR2022-19 to enter into an Intergovernmental Agreement from July 1, 2022 through December 31, 2023 between the City of Acworth, Georgia and the City of Smyrna, Georgia for the Housing of Prison Inmates at a rate of $45 per 24-hour period for each inmate housed in the Smyrna Detention Center and authorize the Mayor to review and sign all documents related thereto, 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 tern / Councilmember Gould and Councilmember Wheaton E. AGR2022-21 Authorization to enter into an Intergovernmental Agreement from July 1, 2022 through December 31, 2023 between the City of Kennesaw, Georgia and the City of Smyrna, Georgia for the Housing of Prison Inmates and a rate of $45 per 24 hour period for each inmate housed in the Smyrna Detention Center and authorize the Mayor to review and sign all documents relating thereto. Ward / Citywide Joe Bennett, City Administrator, provided the following background: The City of Kennesaw, Georgia has requested the City of Smyrna, Georgia begin housing Kennesaw prison inmates and bonding Kennesaw inmates on July 1, 2022 and continuing until December 31, 2023 unless the agreement is terminated by means stated in the Intergovernmental Agreement. The City of Kennesaw has agreed to pay the City of Smyrna the sum of $45.00 per 24-hour period a Kennesaw prisoner is housed at the City of Smyrna jail. Said amount includes the bonding of Kennesaw prisoners by employees of the Smyrna Jail by procedures that are mutually agreeable to both parties. The City of Kennesaw had to look for alternative plans for housing inmates due to Acworth closing their jail. Therefore, Kennesaw has requested to contract with the City of Smyrna for prisoner housing and bonding as a contingency to housing inmates with Cobb County Sheriffs Office. An Intergovernmental Agreement was drafted which delineated the performance of such functions as well as the per diem rate for housing and bonding. Councilmember Charles Welch made a motion to approve item AGR2022-21 to enter into an Intergovernmental Agreement from July 1, 2022 through December 31, 2023 between the City of Kennesaw, Georgia and the City of Smyrna, Georgia for the Housing of Prison Inmates and a rate of $45 per 24-hour period for each inmate housed in the Smyrna Detention Center and authorize the Mayor to review and sign all documents relating thereto; 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 tern / Councilmember Gould and Councilmember Wheaton City of Smyrna Page 8 City Council Meeting Minutes - Final June 6, 2022 7. Commercial Building Permits: 8. Consent Agenda: A motion was made by Councilmember Travis Lindley, seconded by Councilmember Glenn Pickens, 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 A. MIN2022-36 Approval of the May 12, 2022 Committee of the Whole Meeting Minutes Ward / Citywide These Minutes were Approved. B. MIN2022-37 Approval of the May 16, 2022 Pre -Council Meeting Minutes Ward / Citywide These Minutes were Approved. C. MIN2022-38 Approval of the May 16, 2022 Mayor and Council Meeting Minutes Ward / Citywide These Minutes were Approved. D. 2022-303 Approval to use Council Chambers for Williams Park Neighbors Annual Meeting, Wednesday, June 8, 2022 from 6:00 pm - 7:30 pm Ward 3 / Councilmember Lindley This Authorization was Approved. E. 2022-304 Approval to use Council Chambers for Concord Lake Village Annual HOA Meeting, Wednesday, June 29, 2022 from 7:00 pm - 8:30 pm Ward 3 / Councilmember Lindley This Authorization was Approved. F. 2022-306 Approve the expansion of the Smyrna Handmade Market vendor space on Sundays by extending road closure to include a closure at Bank Street and Sunset Street SE and a road closure at City Hall and TAMG Realty on King Street for the duration of the Smyrna Handmade Market this 2022 season. Ward 3 / Councilmember Lindley This Authorization was Approved. G. AGR2022-20 Approval of service agreement with Comcast Enterprise to replace the City's Internet Access in all locations, upgrade the Police Station and Fire Station 5 to fiber and authorize the Mayor to review and sign all City of Smyrna Page 9 City Council Meeting Minutes - Final June 6, 2022 documents relating thereto. Ward / Citywide This Agreement was Approved. 9. Ward / Committee Reports: Councilmember Lewis Wheaton thanked the Mayor, Council, and community for attending and participating in the Riverview Park dedication. Dr. Wheaton also announced the June 17, 2022 evening with Erica Armstrong Dunbar event for the Juneteenth Celebration. The proceeds will go to the Campbell Middle School Foundation. Councilmember Charles Welch wished Dr. Wheaton and his family a healthy and speedy recovery. Mayor Pro Tem/Councilmember Tim Gould thanked staff and the community for the Memorial Day Ceremony. Joe Bennett, City Administrator, stated that he will be on vacation with limited communication. Kristin Robinson, Assistant City Administrator/Finance Director, and Penny Moceri, Deputy City Administrator, can be contacted while he is out. Heather Peacon-Corn, City Clerk, announced that in -person advanced voting will start this week. For those who are eligible to vote in the Smyrna Ward 2 runoff, that is being held in the Community Center. 10. Show Cause Hearings: 11. Citizen Input: 12. Adjournment: Kathy Omaits - 207 Countryside - Inquired about studies and traffic saturation along Spring Road. She stated she sent an email June 3, 2022 and had not heard back from anyone. Heather Peacon-Corn, City Clerk, explained that an open records request had been submitted upon receipt of the email to the Clerks Office. Mayor Derek Norton adjourned the June 6, 2022 Mayor and Council Meeting at 7:46 PM. City of Smyrna Page 10 MAYOR AND COUNCIL MEETING DEREK NORTON MAYOR VACANT, WARD 2 0. CHARLES A.WELCH, WARD 4 TIM GOULD, ARD 6 MAYOR PRO TEM HEATHER K. PEACON-CORN CITY CLERK GLENN P NS, WARD 1 W - �kj-h TRAVIS LINDLEY. WARD 3 SUSAN WILKINSON, WARD 5 CITY SEAL 1 1 1