08-16-2021 August 16, 2021 M&C Meeting Minutes - SIGNED - LF,of SMJt-, City of Smyrna A. Max Bacon City Hall
7 Council Chambers
y 2800 King Street SE
R Smyrna, GA. 30080
V° '$'Z
QUIX. Meeting Minutes - Final Approved
y
CFOIRt
City Council
Monday, August 16, 2021 7:00 PM
1.
2.
A.
3.
Roll Call
Council Chambers
Present: 6 - Mayor Derek Norton, Councilmember Austin Wagner, Councilmember
Charles Welch, Councilmember Susan Wilkinson, Councilmember Tim
Gould and Councilmember Lewis Wheaton
Absent: 2 - Councilmember Glenn Pickens and Councilmember Travis Lindley
Also Present: 1 - Scott Cochran
Call to Order
Staff: 6 - Joe Bennett, Penny Moceri, Heather Peacon-Corn, Lisa Collins, Russell
Martin and Tyler Addison
Mayor Derek Norton called the August 16, 2021 meeting of the Mayor and Council held
in the A. Max Bacon City Hall Council Chambers to order at 7:OOPM.
Invocation and Pledge:
Pastor Harold Thomas III, Shiloh Seventh Day Adventist Church (810 Church St.)
offered the invocation and Pledge of Allegiance.
Agenda Changes:
2021-375 NO VOTE: Announce agenda change for Item 2021-340 under Consent
Agenda for the approval for the extended work hours and the road
closure to thru traffic on Roswell Street from this Saturday, August 21,
2021 to the following Saturday, August 28, 2021 due to the potential for
inclement weather. Hours will remain the same from 7:OOAM - 7:OO13M on
August 28th.
Mayor Norton reviewed the Agenda Change item 2021-34 under consent and noted that
due to weather, the road closure would be pushed to the following weekend.
Mayoral Report:
Mayor Norton expressed that he is excited about all of the City improvement projects
going on in the City. The Downtown Redesign project is progressing. The Arts &
Culture Task Force is working on an arts district and performing arts center. The
mobility Committee is looking at mobility projects around town. The initial phases of
the S Cobb Drive plan are moving forward. The Aquatics facility is in its initial phases.
Look for all of the exciting projects still to come.
CityofSmyrna Page 1
City Council Meeting Minutes - Final August 16, 2021
Ap p roved
4. Land Issues/Zonings/Annexations:
A. 2021-278 Public Hearing - Zoning Request - Z21-009 - Allow rezoning from R-15
to RDA Conditional for two single-family detached homes at a density of
5.18 units per acre - Land Lot 486 - 1084 Medlin Street - Kimberly
Norwood Properties LLC.
Ward. 3 / Councilmember Travis Lindley
Joe Bennett, City Administrator, presented the background:
The applicant is requesting a rezoning from R-15 to RDA -Conditional for the
development of two (2) single-family detached units at a density of 5.18 units per acre.
A land use change from Medium Density Residential is not required for this rezoning.
The Planning & Zoning Board recommended approval by a vote of 5-0 at the July 12,
2021 meeting.
Community Development recommends approval of this rezoning with conditions.
Joey Staubes, Community Development Planner /l, presented information and a
supporting powerpoint exhibit:
Two variances were requested: lot size reduction from 7,260 sq. ft. to 7,201 sq. ft. and
a side setback reduction from 16.5 ft. to 13 ft.
Community Development recommends approval with the following conditions
(summarized):
1. The architecture and composition of the homes must use approved materials
presented in the presentation.
2. Utilities must be buried underground.
3. They are responsible for any traffic improvements.
4. No debris can be buried underground.
5, 6 & 7. Must follow City tree ordinances, landscaping ordinances, and tree planting
schedules.
8. The setbacks must be maintained at: Front - 25, Street Side - 13; Side - 5, Rear
- 30'.
9. Minimum lot size of 7,201 sq. ft.
10. Minimum lot width of 50 ft.
11. Minimum driveway length at 22 ft. from building face to back of sidewalk.
12. Builder will place a 5 ft. sidewalk and 2 ft. grass strip on the frontage of property
along Hollis and Medlin Street.
13. Maximum height of structures of 35'.
14. Meet all fire access requirements.
15. Developer is responsible for any water and sewer improvements.
16. Developer is responsible for stormwater improvements.
17 & 18. Requirements tied to the site plans and elevations submitted.
Councilmember/Mayor Pro Tern Tim Gould asked Mr. Staubes to discuss the
stormwater detention and how it effects the trees. Mr. Staubes stated that the
detention will not effect the trees. What is being presented is the most current draft of
the plans.
City of Smyrna Page 2
City Council Meeting Minutes - Final August 16, 2021
Approved
John Norwood, Norwood properties, and Shawn Murphy, the Landscape Architect and
Planner for Mr. Norwood, was sworn in by City Attorney Scott Cochran. Mr. Murphy
stated that a nearly identical application came before the Council previously and was
approved. This plan will be the same split in the same neighborhood. They will be
taking a rental house and turning it into two new homes for permanent residents. Mr.
Murphy further detailed the removal of the few trees Councilmember Gould asked
about - three dogwoods that are dead or dying with Dogwood Anthracnos, and two pine
trees that are both dead or dying as well. The updated plan also shows the donated 5
ft. of right-of-way.
A public hearing was called, and no one came forward in favor of or in opposition to
this item.
Councilmember Tim Gould made a motion to approve item 2021-278 for a Public
Hearing and Zoning Request (Z21-009) to allow rezoning from R-15 to RDA
Conditional for two single-family detached homes at a density of 5.18 units per acre on
Land Lot 486 located at 1084 Medlin Street by the applicants Kimberly Norwood
Properties LLC.; seconded by Councilmember Charles Welch.
The motion to approve carried by the following vote:
Aye: 5- Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
B. 2021-348 Public Hearing - V21-081 - Reduce the required distance from a school
from 600 feet to 220 feet for new wine and malt beverage pouring
licenses - Lot 345 - 2579 South Cobb Drive - Kays Cuisine, LLC
Ward. 5 / Councilmember Susan Wilkinson
Joe Bennett, City Administrator, presented the background:
The applicant is requesting to reduce the required distance from a school for new wine
and malt beverage pouring licenses at 2579 South Cobb Drive. The previous Vittles
restaurant is being remodeled for a new restaurant called Kay's Cuisine. Section 6-118
of the City's Code of Ordinances controls the minimum required distances for alcohol
licenses.
The applicant is requesting to deviate from the City's required distance from a school
for new wine and malt beverage pouring licenses. According to Section 1403 of the
Zoning Ordinance, variances must be reviewed under the following standards: (1)
Whether there are unique and special or extraordinary circumstances applying to the
property; (2) Whether any alleged hardship is self-created by any person having an
interest in the property,- (3) Whether strict application of the relevant provisions of the
code would deprive the applicant of reasonable use of the property- and (4) Whether
the variance proposed is the minimum variance needed. Community Development has
reviewed the requests against the variance review standards and found them to be in
compliance with the review standards. Community Development believes that the
requested variances will not adversely affect surrounding properties. Therefore,
Community Development recommends approval of the requested variance.
Russell Martin, Community Development Director, showed a survey of the property in
question. Mr. Martin stated that the Council had previously approved a similar request
for two properties just to the south of the property in question.
City of Smyma Page 3
City Council Meeting Minutes - Final August 16, 2021
Approved
The applicant, Kevwe Adidi, for Kay's Cuisine came forward and was sworn in. Ms.
Adidi stated that the restaurant is a West African restaurant and they are applying for
a variance for wine and beer sales in order to sell that kind of beverage that pairs well
with the type of foods they serve. Councilmember Wilkinson asked the applicant to
describe the food and the restaurant. Ms. Adidi stated that West African food,
specifically Nigerian food, is healthy and organic, and they will be open from 8:00 am -
9: 00 pm.
A public hearing was called. Pastor Harold Thomas came forward and asked what type
of school was across the street. He was advised that the school is an elementary
school. Mr. Thomas expressed concern that having alcohol sold so near a school
might not be favorable for the community. He is wondering if this is a common pattern
for this district or if there are other areas where waivers have been applied.
Councilmember Wilkinson welcomed the restaurant owner to the City and stated she is
looking forward to having the restaurant in Ward 5. She stated that she does have a
few concerns about having alcohol sales so close to schools, but she also believes
that area needs successful restaurants.
Councilmember Susan Wilkinson made a motion to approve item 2021-348 for a Public
Hearing (V21-081) to reduce the required distance from a school from 600 feet to 220
feet for new wine and malt beverage pouring licenses on Lot 345 located at 2579
South Cobb Drive by the applicant Kay's Cuisine, LLC.; seconded by Councilmember
Lewis Wheaton.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
C. 2021-336 Public Hearin - Appeal the approval by the License and Variance for
Variance Board Request - V21-058 - Reduce side setback from 12 feet
to 7 feet for a detached garage - Lot 556 - 3393 Pretty Branch Drive -
Bradley Craig Anderson, appeal the approval of License and Variance
Board request - V21-059 - Increase accessory building height from 15
feet to 18.8 feet - Lot 556 - 3393 Pretty Branch Drive - Bradley Craig
Anderson, and appeal the approval of the License and Variance Board
request - V21-060 - Increase accessory building size from 25% to 41 % -
Lot 556 - 3393 Pretty Branch Drive - Bradley Craig Anderson by the
adjacent neighbor Cheryl Miller who resides at 3405 Pretty Branch Drive
SE, Smyrna, Ga. 30080 as filed with the City Clerk's office on Friday, July
23, 2021 at 6:57PM via electronic email.
Ward. 6 / Mayor Pro Tem - Councilmember Tim Gould
Joe Bennett City Administrator, presented the background:
The requestor, Cheryl Miller of 3405 Pretty Branch Drive SE, Smyrna, Ga 30080, is
seeking to appeal the approval at License and Variance Board of three variances to
construct a detached 2-car garage in the rear of the 3393 Pretty Branch Drive: reduce
the side setback from 12 feet to 7 feet increase the accessory building height from 15
City of Smyma Page 4
City Council Meeting Minutes - Final August 16, 2021
Approved
feet to 18.8 feet, and increase the accessory building size from 25% to 41 % of the
primary dwelling. The maximum accessory structure size and height is required based
upon the standards associated with Section 501 of the Zoning Code whereas the
12-foot setback is associated with Section 801 of the Zoning Code.
The applicant, Bradley Craig Anderson, has requested and was approved to deviate
from the development standards established by the City for the maximum accessory
structure size of 25% of the main structure, the maximum accessory structure height
of 15 feet, and the side setback of 12 feet. According to Section 1403 of the Zoning
Ordinance, variances must be reviewed under the following standards: (1) Whether
there are unique and special or extraordinary circumstances applying to the property,
(2) Whether any alleged hardship is self-created by any person having an interest in
the property; (3) Whether strict application of the relevant provisions of the code would
deprive the applicant of reasonable use of the property, and (4) Whether the variance
proposed is the minimum variance needed. Community Development has reviewed the
request against the variance review standards and found it to be in compliance with
four (4) of the four (4) standards.
Russell Martin, Community Development Director, provided a presentation and further
background. Mr. Martin stated that one of the variance requirements that must be met
and was agreed to by the homeowner, Mr. Anderson, is that any drainage that occurs
must be kept on his property and not affect neighboring properties. Mr. Martin stated
that Community Development recommends the approval of the variances with the
following conditions:
1. Approval is conditioned upon substantial compliance with the site plan and
elevations submitted with the variance application.
2. Gutters and downspouts will be installed to divert stormwater away from adjacent
properties.
3. The proposed garage shall not be rented or occupied for gain.
4. These conditions shall run in perpetuity with the property and as such are also
applicable to any future owner.
Applicant, Bradley Anderson, was swom in by City Attorney Scott Cochran.
Councilmember/Mayor Pro Tem asked Mr. Anderson to explain the purpose of building
this detached garage and to detail how he has attempted to mitigate his neighbor's
(Ms. Cheryl Miller) concerns. Mr. Anderson stated the purpose of the garage is just to
add additional garage space for his family, and because his current garage cannot
accommodate his truck. He stated that this plan has been in the works for a few
years. in conversations with Ms. Miller, he stated that one measure they have taken to
help mitigate some issues is to remove a window from the side of the garage to
respect privacy. He stated that Ms. Miller has expressed sight lines being a concern
with the structure being so close to her house, but Mr. Anderson stated that the
evergreens located on Ms. Millers property are now three years older and taller and
create a natural barrier between the structure and her home. The other major concern
for not just Ms. Miller but for may neighbors and Mr. Anderson himself was the
drainage issues. He installed the dry creek bed and has his neighbors to the north
drainage coming across his property into the dry creek bed as well as having more
than 50% of his own home's drainage leading directly to the creek bed for better
drainage. Mr. Anderson stated that there has been concern about two trees in
particular. One tree is a White Oak that he is trying very hard to keep. They will be
hand excavating the area closest to that tree so as not to damage it. The second tree
is a tree that sits exactly 50150 on the property line with Ms. Miller. He stated that he
believes that tree is severely decayed and is dying and only about 10% of the canopy
City of Smyma Page 5
City Council Meeting Minutes - Final August 16, 2021
AP P roved
is left.
Cheryl Miller (3405 Pretty Branch Drive) and Shawn Martin (2884 Anderson Circle) were
sworn in by the City Attomey. Ms. Miller stated that she would like the City's Mayor and
Council to review and revise Code Ordinance Chapter 46 pertaining to soil erosion
management. Her concem stems from the fact that growth in the City tends to be
occurring in older and established neighborhoods. The building structures of the past
are far different from the structures being built presently. Currently, homes are built
with much more roof square footage with steeper pitches causing the stormwater that
does come down to come down at a high velocity. Being that she is in a home that is
downhill from the construction of the garage in question, her concem is that water will
permeate her home as it has in the past. She also expressed concern about her trees
that she planted to be a natural buffer between the two properties. Will the building of
the new structure cause damage to those trees? In short, her main concerns are
setbacks, privacy, trees, and water runoff.
Shawn Martin asked why the building height variance has to be exceeded, and she
takes issue with a new development acting as if it is being grandfathered in as if it
were an established structure. As a former tree board member, why are exemptions in
place like this when the goal is to preserve Smyma trees? She asked that the Council
please table the issue to hear further concerns of residents.
Councilmember Welch reiterated that the water issues seem to have been addressed,
and Mr. Martin stated that before the structure is built they will review plans from the
homeowner, Mr. Anderson, to make sure gutters and downspouts lead water to the dry
creek bed or driveway.
Councilmember Wilkinson asked what the square footage of the garage will be. Mr.
Martin said is will be 1,600 square feet. She also asked when the home was built. Mr.
Martin explained that there was an existing home on the lot that was demolished down
to the foundation. The current house was built on the existing foundation around
2017/2018.
Councilmember/Mayor Pro Tem Gould asked Mr. Anderson about the trees on Ms.
Miller's properties. Mr. Anderson stated he would need to do some more research
about Ms. Millers trees. Mr. Gould asked him to provide the justification for the height
variance/the second floor. Mr. Anderson stated the purpose of the second story was to
have it architecturally align with the line of the house and to provide an unfinished
second story for storage space. Mr. Gould stated that the height variance does not
seem to be critical.
Jean Mankey, 3388 Pretty Branch Drive, Chairperson of the Smyrna Tree Board and
representative for the Tree Board from Ward 6. She is a neighbor of both Mr. Anderson
and Ms. Miller. She asked if there is impact to the buffer of trees on the backside of
the property.
Councilmember/Mayor Pro Tem Gould asked Mr. Martin if the homeowner attached the
structure to the house would there still be a requirement for all of these variances. Mr.
Martin stated that if it were attached with a breezeway, which has its own requirements,
it would eliminate two of the three variances, including the height variance.
Councilmember Austin Wagner, too, asked about it being attached versus being
detached. He stated that he felt requiring the homeowner to build a breezeway to
City of Smyrna Page e
City Council Meeting Minutes - Final August 16, 2021
Approved
circumvent the height variance does not make sense. What are the repercussions
should the trees on Ms. Millers property be damaged? Mr. Martin stated that when the
Tree Ordinance was amended in 2019, the building of new houses or houses being
built on existing foundations have to follow the Tree Ordinances. However, detached
garages and pools, for example, do not have to comply with the Tree Ordinance. In this
case, its an accessory structure, it does not meet the requirements to comply with the
Tree Ordinance. The critical root zone is one (1) linear foot per inch of diameter of the
tree - a radius calculation - that applies to all trees found in the City. In the end the
property is still exempt from compliance with the Tree Ordinance. Councilmember
Wagner stated the Council cannot hold people to an ordinance that does not exist.
City Attorney Scott Cochran stated that this is one body of government, the legislative
body. What the legislative body is voting on is the approval of these variances.
Damage to ones property is dealt with by a separate body of government. This could
end up being a private civil matter. Granting a variance only allows something to be
done that deviates from the existing code. it does not allow someone to damage
someone alse's property.
Councilmember Wilkinson asked about the variance for the setback. She wonders
what impact it would have if they did no approve that setback. Mr. Martin stated that
ultimately that is a question for Mr. Anderson, but his understanding is that the
setback variance allows Mr. Anderson from having to encroach too close to his white
oak tree on his property.
Councilmember Tlm Gould made a motion to approve Variance V21-058 to reduce the
side setback from 12 feet to 7 feet for a detached garage on Lot 556 located at 3393
Pretty Branch Drive by the applicant Bradley Craig Anderson; seconded by
Councilmember Charles Welch.
The motion to approve V21-058 carried by the following vote:
Aye: 4 - Councilmember Wagner, Councilmember Welch, Councilmember Gould
and Councilmember Wheaton
Nay: 1 - Councilmember Wilkinson
Absent: 2 - Councilmember Pickens and Councilmember Lindley
Councilmember/Mayor Pro Tern Tim Gould made a motion to deny item V21-059 to
Increase accessory building height from 15 feet to 18.8 feet on Lot 556 located at 3393
Pretty Branch Drive by the applicant Bradley Craig Anderson; seconded by
Councilmember Lewis Wheaton.
The motion to deny carried by the following vote:
Aye: 3 - Councilmember Wilkinson, Councilmember Gould and Councilmember
Wheaton
Nay: 2 - Councilmember Wagner and Councilmember Welch
Absent: 2 - Councilmember Pickens and Councilmember Lindley
Councilmember Tim Gould made a motion to approve item V21-060 to Increase
accessory building size from 25% to 41 % on Lot 556 located at 3393 Pretty Branch
Drive by the applicant Bradley Craig Anderson; seconded by Councilmember Austin
Wagner.
City of Smyrna Page 7
City Council Meeting Minutes - Final August 16, 2021
Ap roved
The motion to approve carried by the following vote:
Aye: 4 - Councilmember Wagner, Councilmember Welch, Councilmember Gould
and Councilmember Wheaton
Nay: 1 - Councilmember Wilkinson
Absent: 2 - Councilmember Pickens and Councilmember Lindley
5. Privilege Licenses:
A. _ Privilege License Request LIC 2021-07 - Beer and Wine (retail pouring) -
2579 South Cobb Drive SE - Kay's Cuisine - Kevwe Adidi is the owner
and agent applicant.
Ward. 5 / Councilmember Susan Wilkinson
Joe Bennett City Administrator, presented the background.
Kevwe Adidi will be the registered agent responsible for the sale of alcohol at 2579
South Cobb Dr SE. Ms. Adidi has been given a copy of the Alcoholic Beverage
Ordinance and attended the mandatory alcohol awareness workshop.
A background investigation conducted by the Smyrna Police Department failed to
reveal information that would preclude the issuance of this license. Kevwe Adidi has
agreed to abide by the guidelines set forth by the City of Smyrna ordinance governing
the sale of alcohol.
The Privilege License Request LIC
2021-07 - Beer and Wine (retail pouring) - 2579 South Cobb Drive SE - Kay's Cuisine -
Kevwe Adidi is the owner and agent applicant.
Councilmember Wilkinson asked the applicant if she went through the City of
Smyrna's process for the privilege license and if she understands what has been
presented. Ms. Adidi confirmed she understood. Councilmember Wilkinson further
explained that the City of Smyma takes the serving of alcohol very seriously and that
at times undercover checks can take place. She further reiterated that this is a
pouring license for beer and wine only, not liquor.
Councilmember Susan Wilkinson made a motion to approve item LIC2021-07 for a
Privilege License Request (LIC 2021-07) for Beer and Wine (retail pouring) at 2579
South Cobb Drive SE, business name Kay's Cuisine by the applicant Kevwe Adidi as
the owner and agent applicant; seconded by Councilmember Lewis Wheaton.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
6. Formal Business:
A. RES2021-05 Resolution to adopt the Hazard Mitigation Plan (HMP) as attached and
authorize the Mayor to sign and execute all related documents.
Ward: City Wide
City of Smyma Page 8
City Council Meeting Minutes - Final August 16, 2021
Approved
Joe Bennett, City Administrator, presented the background.
The Smyrna Emergency Management Agency, in conjunction with the Cobb County
Emergency Management Agency, updates our Hazard Mitigation Plan every five (5)
years. The purpose of this in-depth plan is to identify natural and man made disasters,
to compile a detailed inventory of critical facilities, to assess potential losses, and to
develop mitigation goals and objectives. These goals and objectives provide a
baseline and justification to meet eligibility requirements for future Hazard Mitigation
grant funding.
Emergency Management Staff recommends Adopt by resolution the Hazard Mitigation
Plan (HMP) as attached and authorize the Mayor to sign and execute all related
documents.
Councilmember Austin Wagner made a motion to approve item RES2021-05 for a
Resolution to adopt the Hazard Mitigation Plan (HMP) as attached and authorize the
Mayor to sign and execute all related documents; seconded by Councilmember
Charles Welch.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
B. RES2021-06 Public Hearing - Approval of RES2021-06, a continuance of the
moratorium as previously approved (RES2021-01 - March 15, -
September 15, 2021) on the acceptance of rezoning and variance
applications seeking to develop or otherwise use the property as a
townhome or for a townhome development from September 16, 2021 to
March 15, 2022 and authorize the Mayor to sign and execute all related
documents.
Ward: City wide
Joe Bennett, City Administrator, presented the background:
The City Council has received complaints regarding the lack of development and
architectural standards for townhome developments. The moratorium continues to
provide the City the opportunity to evaluate existing design standards for new
townhome units and to consider amendments to the zoning ordinances regarding
towhome developments. The request is to continue the previously approved moratorium
(RES2021-01 - March 15, 2021 - September 15, 2021) on the acceptance of rezoning
and variance applications for townhome developments starting September 16, 2021
and extending through and including March 15, 2022, unless the moratorium is
terminated sooner by an act of the City Council.
Community Development
recommends the approval of RES2021-06, a continuance of the moratorium as
previously approved (RES2021-01 - March 15, 2021- September 15, 2021).
A public hearing was called, and Shawn Martin (2884 Anderson Circle) came forward
and stated she is very proud for this moratorium because design matters in our city,
and our community matters. She applauds the leadership. She believes it to be a very
City of Smyma Page 9
City Council Meeting Minutes - Final August 16, 2021
Approved
smart decision.
Councilmember Tim Gould made a motion to approve item RES2021-06 for a Public
Hearing for the approval of RES2021-06, a continuance of the moratorium as previously
approved (RES2021-01 - March 15, - September 15, 2021) on the acceptance of
rezoning and variance applications seeking to develop or otherwise use the property
as a townhome or for a townhome development from September 16, 2021 to March 15,
2022 and authorize the Mayor to sign and execute all related documents; seconded by
Councilmember Susan Wilkinson.
The motion to approve carried by the following vote:
Aye: 4 - Councilmember Welch, Councilmember Wilkinson, Councilmember Gould
and Councilmember Wheaton
Nay: 1 - Councilmember Wagner
Absent: 2 - Councilmember Pickens and Councilmember Lindley
C. Public Hearing - Approval of ORD2021-15, a code amendment to
sections 6-2 and 6-85 of the City's Alcoholic Beverage Ordinance to
increase the percentage of the alcohol sales for private dog parks from
25% to 50% of the gross revenue of the business.
Ward: City wide
Joe Bennett, City Administrator, presented the background:
On May 17, 2021, the City Council approved code amendments to the City's Alcoholic
Beverage Ordinance to allow the on -premise sales and consumption of alcoholic
beverages at private dog parks by a vote of 6-0.
The original ordinance limited alcohol sales for on -premise consumption to 25% of the
gross revenue of the business. Community Development has worked with potential
private dog park business owners and they have expressed that the limit on the alcohol
sales to 25% of the gross revenue makes the business model unviable. The potential
business owners have recommended increasing the maximum allowable alcohol sales
to 50% of the gross revenue of the business.
Community Development
recommends approval of the proposed code amendment.
A public hearing was called, and Harry Schnable (2410 Greyhurst Way) and Shawn
Murphy (3282 Lee Street, Forest Hills) were swom in by the City Attorney. Mr.
Schnable is the dog park owner and operator. Based on the Florida dog park he is
modeling his own after, he stated that they advised he needed alcohol sales for
on -premise consumption to be at least 50% to be profitable. Councilmember
IfIkinson asked if this request falls in line with what restaurants do, and Russell
Martin confirmed that is true. Councilmember/Mayor Pro Tom Gould asked Mr.
Schnable what the timeline would be. Mr. Schnable stated that the site plan can move
forward immediately with the approval tonight.
Mr. Murphy came forward and stated he is the consultant on this project. He stated he
thinks that based on his own research, the 50% gross revenue of alcohol sales is
incredibly important to many businesses for them to survive, including a privately
owned dog park. Otherwise, the only items Mr. Schnable would be able to sell are
snacks, dog leashes, and memberships.
City of Smyma Page 10
City Council Meeting Minutes - Final August 16, 2021
An n roved
Councilmember Austin Wagner made a motion to approve item ORD2021-15 for a
Public Hearing for the approval of ORD2021-15, a code amendment to sections 6-2 and
6-85 of the City's Alcoholic Beverage Ordinance to increase the percentage of the
alcohol sales for private dog parks from 25% to 50% of the gross revenue of the
business; seconded by Councilmember Charles Welch.
The motion to approve carried by the following vote.
Aye: 5- Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
D. ORD2021-16 Public Hearing - Approval of Ordinance 2021-16, to amend the Code of
Ordinances (Sec 86-1, 86-2.1, 86-2.2 and 86-2.3) as it relates to solid
waste and authorize the Mayor to sign and execute all related documents.
Ward. City wide
Joe Bennett, City Administrator, presented the background:
These amendments are intended to offer clarity to the City s Code of Ordinances
regarding solid waste. This includes the addition of some definitions as well as
services provided and fees for large item pick up.
Sec. 86-1. - Definitions.
Amend Section 86-1 of the City Code of Ordinances to add the following
definition of curbside:
Curbside means the side of the pavement bordered by the curb that is on the property
owner's side of the curb line.
Sec. 86-2.1. - Prohibited solid waste.
Amend Sec 82-2.1 to add 'items containing refrigerant" to the list of prohibited
solid waste so that said provision reads as follows:
The following items shall be prohibited for disposal within the city: Hazardous waste,
any item containing refrigerant, paint, rubber tires, yard waste, inert building material
and motor oil. These items are to be disposed of at the appropriate recycling facility
or approved landfill.
Sec. 86-2.2. - Services provided.
Amend Sec 86-2.2 (a) to change the collection
from twice weekly to once weekly and section
(a) Garbage collection. The city provides once weekly collection of garbage and dry
solid waste.
(d) to change the chipping program to a yard waste program and change the
required size of items so that each provision reads as follows:
(d) Yard Waste program. The city will provide weekly collection of small limbs, shrubs
and bagged leaves and branches. This material is to be no more than 6 inches in
diameter, no greater than five feet in length, and must be separated from the garbage
and placed at the street curb in piles no more than 5 feet high, 5 wide and 5 feet long.
Yard waste bags may not exceed 20 lbs. each and each property is limited to 20 bags
per pick-up. Bags must be composed of recyclable paper. Any chipped material will be
made available to the citizens of Smyrna at no cost at the city public works complex.
City of Smyma Page 11
City Council Meeting Minutes - Final August 16, 2021
Approved
The city will not pick up logs or stumps.
Sec. 86-2.3. - Charge for pickup -Furniture and large appliances.
Amend Sec 86-2.3 to change the rate for collection of furniture and large items from
$10.00 per item to $25.00 per item so that such provision reads as follows: The city will
impose a $25.00 fee per item for the collection of large furniture such as sofas, beds,
and tables, and large appliances such as refrigerators, hot water heaters, and stoves
placed at street curb.
Councilmember Wilkinson asked for clarification on the refrigerant versus refrigerator
pickup. Mr. Bennett explained that air conditioning units for homes or autos would not
be picked up, but refrigerators will be picked up for a fee. Councilmember Wilkinson
expressed concern about the limit on the number of bags the City would pick up,
especially as during the fall season many residents, including herself, will have more
than 20 bags for pick up.
A public hearing was called, and Montserrat Knowlton (1367 Poplar Point) came
forward to be sworn in. She, too, expressed concern about the limit on the number of
bags the City will pickup because she has a number of large tress that drop many
leaves. She really appreciated the truck that used to come by and vacuum up the
leaves.
Councilmember Tim Gould made a motion to approve item ORD2021-16 for a Public
Hearing for the approval of Ordinance 2021-16, to amend the Code of Ordinances (Sec
86-1, 86-2.1, 86-2.2 and 86-2.3) as it relates to solid waste and authorize the Mayor to
sign and execute all related documents; seconded by Councilmember Lewis Wheaton.
The motion to approve carried by the following vote:
Aye: 4 - Councilmember Wagner, Councilmember Welch, Councilmember Gould
and Councilmember Wheaton
Nay: 1 - Councilmember Wilkinson
Absent: 2 - Councilmember Pickens and Councilmember Lindley
E. AGR2021-01 Approval of the Agreement between Cobb County and the City of Smyrna
for Non -Exclusive Temporary Construction Easement to Construct
Improvements within the Oakdale Road Right of Way and authorize the
Mayor to sign and execute all related documents.
Ward. 7 / Councilmember Lewis Wheaton
Joe Bennett City Administrator, presented the background:
This Non -Exclusive Temporary Construction Easement Agreement ('Agreement') is
made and entered into on August 16, 2021, as defined herein, by and between COBB
COUNTY, GEORGiA , a political subdivision of the State of Georgia (" COUNTY'),
and the CITY OF SMYRNA, GEORGIA, a municipal corporation of the State of
Georgia, acting by and through its Mayor and City Council ("CITY') for the purpose of
allowing the CiTY to install six (6) medians within Oakdale Road right of way in areas
owned by the COUNTY. The CiTY and the COUNTY may be referred to singularly as
"Party" or jointly as "Parties".
City of Smyma Page 12
City Council Meeting Minutes - Final August 16, 2021
Approved
Staff recommends approval of the Agreement between Cobb County and the City of
Smyrna for Non -Exclusive Temporary Construction Easement to Construct
Improvements within the Oakdale Road Right of Way. and authorize the Mayor to sign
and execute all related documents.
Councilmember Lewis Wheaton stated that this is a critical safety issue and a
beautification issue. He is very excited this is moving forward.
Councilmember Lewis Wheaton made a motion to approve item AGR2021-01 for the
approval of the Agreement between Cobb County and the City of Smyrna for
Non -Exclusive Temporary Construction Easement to Construct Improvements within
the Oakdale Road Right of Way and authorize the Mayor to sign and execute all
related documents; seconded by Councilmember Austin Wagner.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
F. CON2021-09 Approval to enter into a contract on the Omnia Partners Cooperative with
Mansfield Oil, Gainesville, Georgia, to provide the City with gasoline and
diesel fuel and authorize the Mayor to sign and execute all related
documents.
Ward. City wide
Joe Bennett, City Administrator, presented the background:
The City of Smyrna has been a member of the Gwinnett County Fuel Co-op with
several other agencies since approximately 2012. At that time, Mansfield Oil was the
awarded vendor. Gwinnett County awarded a new contract to primary contractor
James River Solutions in February 2021 and since that time we have continued
participation. Service, delivery, price and billing consistency has continued to decline.
Mansfield Oil has provided a solution on the Omnia Partners Cooperative.
Councilmember Lewis Wheaton made a motion to approve item CON2021-09 for the
approval to enter into a contract on the Omnia Partners Cooperative with Mansfield Oil,
Gainesville, Georgia, to provide the City with gasoline and diesel fuel and authorize the
Mayor to sign and execute all related documents; seconded by Councilmember Tim
Gould.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
G. 2021-355 Approval to award RFP 22-003 water/sewer system installations to
lowest bidder, Ardito Construction Company Inc., 1290 Austell Road,
Marietta, GA 30008 and secondary contractor K.M. Davis Contracting
Co. Inc., 3259 Austell Road, Marietta, GA 30008.
Ward. City wide
CityofSmyrna Page 13
City Council Meeting Minutes - Final August 16, 2021
Approved
Joe Bennett, City Administrator, presented the background:
The City requested line -item pricing for various water and sewer system installations on
an annual basis. Five (5) bids were received, and the bid tabulation is attached. The
City's intent is to contract with a primary and secondary contractor for installation,
repair, and replacement projects. Ardito Construction Company Inc. is selected as the
primary contractor. Based on the line -item pricing and prior experience, K.M. Davis
Contracting Co. inc. is selected as secondary contractor and Wade Coots Company
inc. as tertiary/alternate contractor.
It is the recommendation of Purchasing and Public Works to award the Water and
Sewer System Installation work (RFQ 22-003) to the lowest bidder, Ardito Construction
Co. Inc. K. M. Davis Contracting Co. Inc. is selected as secondary contractor and
Wade Coots Company inc. as alternate.
Councilmember Charles Welch made a motion to approve item 2021-355 for the
approval to award RFP 22-003 water/sewer system installations to lowest bidder,
Ardito Construction Company Inc., 1290 Austell Road, Marietta, GA 30008 and
secondary contractor K.M. Davis Contracting Co. Inc., 3259 Austell Road, Marietta,
GA 30008; seconded by Councilmember Lewis Wheaton.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
H. Adoption of the Smyrna Connects - Transit Analysis and Feasibility Study
as presented to Mayor and Council on September 3, 2020 at the
Committee of the Whole Meeting and authorize the Mayor to sign and
execute all related documents.
Ward. City wide
Councilmember Wheaton stated that this is a tremendous opportunity and connects
well with a lot that is already going on in the region separately.
Councilmember Lewis Wheaton made a motion to approve item 2021-372 for the
adoption of the Smyrna Connects, the Transit Analysis and Feasibility Study as
presented to Mayor and Council on September 3, 2020 at the Committee of the Whole
Meeting and authorize the Mayor to sign and execute all related documents; seconded
by Councilmember Austin Wagner.
The motion to approve carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 3- Mayor Norton, Councilmember Pickens and Councilmember Lindley
7. Commercial Building Permits:
There were no Commercial Building Permits.
8. Consent Agenda:
City of Smyrna Page 14
City Council Meeting Minutes - Final August 16, 2021
Approved
A.
MIN2021-57
B.
MlINI—
C.
MIN2021-56
9
E.
F.
G.
Councilmember Lewis Wheaton made a motion to approve the Consent Agenda as
read aloud; seconded by Councilmember Tim Gould.
The motion to approve the Consent Agenda carried by the following vote:
Aye: 5 - Councilmember Wagner, Councilmember Welch, Councilmember
Wilkinson, Councilmember Gould and Councilmember Wheaton
Absent: 2 - Councilmember Pickens and Councilmember Lindley
Approval of the July 15, 2021 Committee of the Whole Meeting Minutes.
These minutes were approved.
Approval of the August 2, 2021 Pre -Council Meeting Minutes.
These minutes were approved.
Approval of the August 2, 2021 Mayor and Council Meeting Minutes.
These minutes were approved.
2021-338 Approval of the cancellation of the September 2, 2021 Committee of the
Whole Meeting and the September 7, 2021 Pre -Council and Mayor and
Council meeting due to a lack of a quorum.
Ward. City wide
This approval of the cancellation of meetings was approved.
2021-340 Approve the request for the extended work hours and the road closure to
thru traffic on Roswell Street on Saturday, August 28, 2021 from 7:00 AM
through 7:00 PM (weather permitting) as requested by Llano Contractors
for pouring of concrete for medians.
Ward 3 / Councilmember Travis Lindley
This authorization for extended work hours was approved.
Approval to purchase a 2022 Ford F550 Chassis with Altec AT37G
telescoping/articulating continuous rotation aerial device through
Sourcewell Contract #012418-ALT Altec Industries, Inc., 210 Inverness
Center Drive, Birmingham, AL 35242. Funded by the FY 22 CIP Vehicle
Replacement Fund for a total cost of $118,105.00 and authorize the
Mayor to execute any related documents.
Ward: City wide
This Bid/RFP award for purchase was approved.
2021-366 Approval to purchase 1 (one) 2021 Ford Explorer XLT (administrative
use) from Wade Ford (3860 S Cobb Drive SE, Smyrna, GA 30080) and
1 (one) 2021 Ford Explorer Base (administrative use) from Jim Ellis Ford
City of Smyma Page 15
City Council Meeting Minutes - Final August 16, 2021
Approved
(7555 Roswell Road, Atlanta, GA 30350) for the Police Department as
part of the FY22 Vehicle Replacement Fund at a total cost not to exceed
of $70,146.00 dollars and authorize the Mayor to sign and execute any
related documents.
Ward: City wide
This authorization to purchase was approved.
H. Approval to award the contract for RFQ 22-004 for concrete work to the
primary contractor, Braswell Concrete LLC, 4620 Lost Mountain Drive,
Powder Springs, GA 30127 and secondary contractor, Llano Contractors
LLC, 4028 Townsend Lane, Atlanta, GA 30346.
Ward: City wide
This Bid/RFP Award for purchase was approved.
9. Ward / Committee Reports:
Counci/membedMayor Pro Tern Gould (Ward 6) stated that the Racial Trust Building
seminar was very interesting and a great program he hopes can be rolled out to the
broader community. Mayor Norton stated that he borrowed the program from City of
Lagrange where it has improved race relations dramatically in that community. He
hopes to see that in the City of Smyrna.
Councilmember Wheaton (Ward 7) echoed the sentiments. He stated that it was an
emotionally difficult program, but there was really good and positive discussion. Mr.
Wheaton then expressed his well wishes and safety to the community as they brace
for the tropical storm heading this direction. Please reach out to the City if you
encounter any troubles.
10. Show Cause Hearings:
There were no Show Cause Hearings.
11. Citizen Input:
12. Adjournment:
Mayor Derek Norton adjourned the August 16, 2021 meeting of the Mayor and Council
held in the A. Max Bacon City Hall Council Chambers at 9:04 PM.
City of Smyrna Page 16
MAYOR AND COUNCIL MEETING
. t � .lr 7///,, 1
DEREKNORTON
MAYOR
Ail-c/
AU TIN WAGNER, WARD 2
lJl . to J4&'"1
CHARLES A.WELCH, WARD 4
7Q ic
TIM GOULD, WARD 6
MAYOR PRO TEM
HEATHER K. PEACON-CORN
CITY CLERK
L.
TRAVIS LINDLEY, WARD 3
WILKINSON,SUSAN
CITY SEAL
Offici2i City Seal
Cl F SA,
0
�,1$7� ><��
�iJIL
RG!::
12