11-01-2021 November 1, 2021 M&C Meeting Minutes - SIGNED - LFf S,yy� City of Smyrna
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City Council
Monday, November 1, 2021
Roll Call
7:00 PM
A. Max Bacon City Hall
Council Chambers
2800 King Street SE
Smyrna, GA. 30080
Council Chambers
Present: 6 - Councilmember Glenn Pickens, Councilmember Austin Wagner,
Councilmember Travis Lindley, Councilmember Charles Welch,
Councilmember Susan Wilkinson and Councilmember Lewis Wheaton
Absent: 1 - Mayor Derek Norton
Also Present: 1 - Scott Cochran
Call to Order
Staff: 6 - Joe Bennett, Keith Zgonc, Andrea Worthy, Dan Campbell, Heather
Peacon-Corn and Jill Head
Mayor Pro Tern Tim Gould called to order the November 1, 2021 meeting of the Mayor
and Council at 7:00 PM.
1. Invocation and Pledge:
Pastor Courtney Harkness of Cumberland Community Church located at 3059 South
Cobb Drive offered the invocation and led all on the Pledge of Allegiance.
2. Agenda Changes:
There were no agenda changes.
3. Mayoral Report:
Mayor Pro Tem stated that he attended the previous night's Atlanta Braves game. He
thanked Smyrna Public Safety for their part in keeping all safe.
A. Proclamation in Recognition of Veterans Day Poppy Distribution,
November 6th, 7th, and 11th, 2021
Ward: City Wide
June Burgess and Cindy Monk, members of Auxiliary Post 160, were present. Ms.
Burgess stated that every year on Memorial Day and Veterans Day, they distribute
poppies for a small donation in remembrance of those who have served. All donations
go to the Veterans.
Councilmember Charles Welch read and presented the proclamation.
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4. Land Issues/Zonings/Annexations:
There were no land issues/zonings/annexations.
5. Privilege Licenses:
There were no privilege licenses.
6. Formal Business:
A. ORD2021-19 Approval of Ordinance ORD2021-19, to amend Section V, an ordinance
of the City of Smyrna Mayor and City Council, "STORMWATER
MANAGEMENT" of the code of Ordinances, as Amended, to delete
Article V, Section 46-140 to 46-148 in its entirety, including any
amendments thereto, and replace it with new a Article V,
"STORMWATER MANAGEMENT" to repeal conflicting provisions; and
for other purposes, and authorize the Mayor to sign and execute all
related documents.
Ward. City Wide
Joe Bennett City Administrator, presented the following background:
The Georgia Environmental Protection Division (EPD) requires local jurisdictions with
Municipal Separate Storm Sewer System (MS4) permits to adopt ordinances, or update
existing ordinances when necessary, for compliance with their MS4 permit, in order to
address development and redevelopment, and enforce post -construction controls.
Recent updates to the MS4 permit now require the stormwater management system to
be designed to retain the first 1.0 inch of rainfall on the site, to the maximum extent
practicable, and has prompted an update to existing ordinances.
The City Engineer and staff recommend approval of Ordinance ORD2021-19, to amend
Section V, an ordinance of the City of Smyrna Mayor and City Council,
"STORMWATER MANAGEMENT" of the
code of Ordinances, as Amended, to delete Article V, Section 46-140 to 46-148 in its
entirety, including any amendments thereto, and replace it with new a Article V,
"STORMWATER MANAGEMENT" to repeal conflicting provisions, and for other
purposes, and authorize the Mayor to sign and execute all related documents. This
should be the same as your title with the addition of " and authorize the Mayor to sign
and
execute all related documents.
Councilmember Charles Welch made a motion to approve ORD2021-19, an ordinance
to amend section V, an ordinance of the City of Smyrna Mayor and City Council,
"STORMWATER MANAGEMENT"of the Code of Ordinances, as amended, to delete
atlicle V, section 46-140 to 46-148 in its entirety, including any amendments thereto,
and replace it with a new article V, "STORMWATER MANAGEMENT' to repeal
conflicting provisions; and for other purposes, 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:
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City Council Meeting Minutes - Final November 1, 2021
Approved
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
B. ORD2021-21 Approval of Ordinance ORD2021-21, to amend Section 102-48 (1), an
ordinance of the City of Smyrna Mayor and Council, "MAIN LINES" of the
code of Ordinances, as amended, currently section 102-48 (1) requires
water distribution system main lines to be ductile iron pipe class 51.
Public Works is requesting to change material to Class 350 ductile iron
pipe from 51 matching Cobb County specs along with amending
verbiage to add to existing ordinances stating that the Director of Public
Works and/or Environmental Inspector may shall change class of pipe
and size if deemed necessary.
Ward: City Wide
Joe Bennett, City Administrator, presented the following background:
This is a request from Public Works to amend ordinance 102-48 (I) Currently section
102-48 (1) requires water distribution system main lines to be ductile iron pipe class 51.
Public Works is requesting to change material to Class 350 ductile iron pipe from 51
matching Cobb County specs along with amending verbiage to add to existing
ordinances stating that the Director of Public Works and or Environmental Inspector
may shall change class of pipe and size if deemed necessary.
The newly adopted amendment will include the following if adopted by Mayor and
Council.
(I) Main Lines.
Water Distribution system main lines shall be ductile iron pipe class 350. Minimum
pipe size shall be eight inches. Director of Public Works and or Environmental
Inspector may approve change in materials and sizes. Fire hydrants shall be installed
according to current NFPA standards but shall be spaced no more than 500 feet apart.
The city fire marshal may modify hydrant spacing. All hydrants shall be M&H or U. S.
three-way,
nozzles sizes two, 2 %-inch NTS and one 4 Y.—inch NTS. Hydrant barrel size shall be
a minimum of 5.25. New hydrants are required to be painted silver by the
manufacturer. Each hydrant shall have an M&H hydrant grate valve installed with
complete valve box and concrete valve pad to finish grade. No fire hydrant shall be
buried below the hydrants bury line. Anchor couplings and thrust blocking is required
on all fire hydrants and hydrant leads.
Public Works and staff recommend approval of Ordinance ORD2021-21, to amend
Section 102-48 (I), an ordinance of the City of Smyrna Mayor and Council, MAIN
LINES" of the code of Ordinances, as amended, currently section 102-48 (1) requires
water distribution system main lines to be ductile iron pipe class 51. Public Works is
requesting to change material to Class 350 ductile iron pipe from 51 matching Cobb
County specs along with amending verbiage to add to existing ordinances stating that
the Director of Public Works and/or Environmental Inspector may shall change class
of pipe and size if deemed necessary and authorize the
Mayor to sign and execute all related documents.
Councilmember Charles Welch made a motion to approve ORD2021-21, an ordinance
to amend section 102-48 (1) of the City of Smyrna Mayor and Council, "MAIN LINES" of
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the Code of Ordinances, as amended, currently section 102-48 (1) requires water
distribution system main lines to be ductile iron pipe class 51; to change material to
Class 350 ductile iron pipe from 51 matching Cobb County specs along with amending
verbiage to add to existing ordinances stating that the Director of Public Works and/or
environmental Inspector shall change class of pipe and size if deemed necessary;
seconded by Councilmember Lewis Wheaton.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
C. RES2O21-0° Approval of Resolution RES2021-09 for Mayor and Council support for
submission of the Cobb Parkway Pedestrian Bridge to the Atlanta
Regional Commission's Transportation Improvement Program (TIP) and
authorize the Mayor to sign and execute all related documents.
Ward 9: Councilmember Glenn Pickens
Joe Bennett City Administrator, presented the following background:
The concept of a safe, coordinated pedestrian crossing over Cobb Parkway/US-41
north of 1-285 was first identified as a project need through the Cumberland Community
improvement District (CiD) Blueprint Cumberland 3.0 Master Plan, adopted by the
Community improvement District Board of Directors in 2017.
The City of Smyrna developed and adopted the Spring Road Corridor Livable Centers
Initiative (LCI) Plan, which echoed a need for an alternative pedestrian crossing of the
parkway, as well as in Guide Smyrna, the City's Comprehensive Plan also updated in
2017 and the City has previously committed 2022 SPLOST Transportation
Improvements Program funding, in an amount not to exceed $3, 680, 000.00 for the
construction of the Cobb Parkway/US 41 pedestrian bridge.
The Atlanta Regional Commission conducts an annual solicitation for project funding
proposals in its Transportation Improvement Program (TIP), which allocates federal
funds for use in the construction of the highest -priority projects in the Regional
Transportation Plan with applications for the 2021 solicitation due by December 2,
2021. The Cumberland Community Improvement District (CCID) desires to submit a
TIP project
funding proposal for the Cobb Parkway Pedestrian Bridge reduce its potential cost and
streamline its implementation that the City of Smyrna City Council supports the
Cumberland Community Improvement District's submission the Cobb Parkway
Pedestrian Bridge to the Atlanta Regional Commission's Transportation Improvement
Program (TIP).
Economic Development recommends the approval of Resolution RES2021-09 for
Mayor and Council support for submission of the Cobb Parkway Pedestrian Bridge to
the Atlanta Regional Commission's Transportation Improvement Program (TIP) and
authorize the Mayor to sign and execute all related documents.
Councilmember Glenn Pickens made a motion to approve RES2021-09, a resolution for
Mayor and Council support for submission of the Cobb Parkway Pedestrian Bridge to
the Atlanta Regional Commission's Transportation Improvement Program (TIP) and
authorize the Mayor to sign and execute all related documents; seconded by
Councilmember Austin Wagner.
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The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
D. Approval of the proposed agreement and statement of work between the
City of Smyrna and CivicPlus for SeeClickFix services and authorize the
Mayor or City Administrator to sign and execute all documents related
thereto.
Ward: City Wide
Joe Bennett, City Administrator, presented the following background:
In order to improve the City's ability to communicate with its citizens, the City has
been evaluating several potential software solutions. One potential product is
SeeClickFix which is a smart phone app that allows citizens to send requests to the
City directly from the phone with geographic data and optionally pictures of issues.
This then creates work flows to insure that the request is properly resolved and
updates the citizen when it is completed. In order to allow us to fully evaluate the
product, CivicPlus is offering the first year free of charge.
The recommendation is to approve the agreement with CivicPlus for SeeClickFix and
authorize the Mayor or City Administrator to sign and execute all documents related
thereto.
Mayor Pro Tem Gould added that this is a tool that Cobb County uses to identify
non -emergency issues and report them in an efficient manner.
Councilmember Susan Wilkinson made a motion to approve AGR2021-12, a proposed
agreement and statement of work between the City of Smyrna and CivicPlus for
SeeClickFix services and authorize the Mayor or City Administrator to sign and
execute all documents related thereto; seconded by Councilmember Lewis Wheaton.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
E. AGR2021-13 Approval of the proposed agreement and scope of work with the Atlanta
Regional Commission for technical assistance in the development of the
5-Year update to the City's 2040 Comprehensive Plan.
Ward: City Wide
Joe Bennett, City Administrator, presented the following background:
Georgia Department of Community Affairs (DCA) requires a 5-year update to the City's
2040 Comprehensive Plan. The Atlanta Region Commission (ARC) provides technical
assistance to local communities for the development of the 5-year update free of
charge.
The 5-year update to the 2040 Comprehensive Plan is due to be drafted,
reviewed/approved by DCA, and locally adopted, by October 31, 2022. Georgia DCA
requires that the Atlanta Regional Commission develop a basic agreement on the
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scope of work when engaging with a local government to update its Plan. Attached
is a proposed agreement and scope of work. It outlines the division of responsibilities
between ARC and the City.
As part of the scope of work for the 5-year update, ARC will check on and update the
Needs and Opportunities, Vision/Goals, and Key Elements (like land use,
transportation, housing, economic development, etc) of the City's Comprehensive Plan.
In general, ARC will facilitate three steering committee meetings, one public meeting,
and a project website (if requested) that can include a survey. Also, ARC will be
available to present at the two DCA-required hearings if requested (one at kickoff and
one before transmittal for review).
Councilmember Travis Lindley made a motion to approve AGR2021-13 the proposed
agreement and scope of work with the Atlanta Regional Commission for technical
assistance in the development of the 5-Year update to the City's 2040 Comprehensive
Plan; seconded by Councilmember Austin Wagner.
The motion to approve carried with the following vote:
Aye: 6 - Council member Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
F. 2021-476 Approval to award RFQ 22-013 City wide resurfacing project re -bid to
Baldwin Paving, 1014 Kenmill Drive NW, Marietta, GA, 30060, in the
amount of $870,326.46 ($425,936.37 LMIG and $444,390.09 SPLOST)
for paving and resurfacing of four City streets (Campbell Road, North
Cooper Lake Road, Camp Highland Road and Hawthorne Avenue).
Ward: City Wide
Joe Bennett City Administrator, presented the following background:
The City of Smyrna requested bids for various resurfacing projects per the City's time
frame. Three (3) bids were received. Please see bid tabulation below.
Bidder Total
Baldwin Paving Company, Inc. $1,183,061.29
MHB Paving inc. $1,191, 072.42
PLB Construction Services $1, 326, 899.25
Due to budget limitations, we requested line -item pricing from the low bidder to
complete four roads (Campbell Road, North Cooper Lake Road, Camp Highland Road
and Hawthorne Avenue). The total for this work is $870,326.46.
It is the recommendation of Purchasing and Public Works departments for approval to
award RFQ 22-013 City wide resurfacing project re -bid to Baldwin Paving, 1014 Kenmill
Drive NW, Marietta, GA, 30060, in the amount of $870,326.46 ($425,936.37 LMIG and
$444,390.09 SPLOST) for paving and resurfacing of four City streets (Campbell Road,
North Cooper Lake Road, Camp Highland Road and Hawthorne Avenue) and authorize
the Mayor to execute all related documents.
Councilmember Austin Wagner made a motion to approve 2021-476 to award RFQ
22-013 citywide resurfacing project re -bid to Baldwin Paving, 1014 Kenmill Drive NW,
Marietta, GA, 30060, in the amount of $870,326.46 ($425,936.37 LMIG and
$444,390.09 SPLOST) for paving and resurfacing of four City streets (Campbell Road,
North Cooper Lake Road, Camp Highland Road and Hawthorne Avenue); seconded by
Councilmember Glenn Pickens.
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Aoo roved
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
G. Authorization to abandon the area in Land Lot 594 of the 17th District,
2nd Section, Cobb County formerly described as Elizabeth Street
Extension but never built or dedicated to the City of Smyrna, and Quit
Claim whatever interest of the City (if any) to the adjacent property
owners to the center line and authorize staff to sign and execute all
related documents.
Ward 3 / Councilmember Travis Lindley
Joe Bennett, City Administrator, presented the following background:
Decades ago, Elizabeth Street Extension was contemplated to be built but never was
and was never dedicated to the city. This has never been part of the public road
system but is shown on some old plats and is referenced in deeds. Although the area
where the road was to be located was never dedicated to the city, the plats and deed
references could cause potential title issues. The adjacent property owners have
requested that the city release whatever interest it has (if any) in the strip, through quit
claim deed to the adjoining owners to the center line of the area that was originally
contemplated to be a road. This is consistent with city policy.
Staff recommends authorization to abandon the area in Land Lot 594 of the 17th
District, 2nd Section, Cobb County formerly described as Elizabeth Street Extension
but never built or dedicated to the City of Smyrna, and Quit Claim whatever interest of
the City (if any) to the adjacent property owners to the center line and authorize staff to
sign and execute all related documents.
Councilmember Travis Lindley made a motion to approve 2021-509, authorization to
abandon the area in Land Lot 594 of the 17th District, 2nd Section, Cobb County
formerly described as Elizabeth Street Extension but never built or dedicated to the
City of Smyrna, and Quit Claim whatever interest of the City (if any) to the adjacent
property owners to the center line and authorize staff 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 Wagner, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
7. Commercial Building Permits:
There were no commercial building permits.
8. Consent Agenda:
Joe Bennett, City Administrator, presented the consent agenda.
Councilmember Travis Lindley made a motion to approve the consent agenda as read;
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Approved
seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 6 - Councilmember Pickens, Councilmember Wagner, Councilmember Lindley.
Councilmember Welch, Councilmember Wilkinson and Councilmember
Wheaton
A. MIN2021-79 Approval of the October 14, 2021 Committee of the Whole Meeting
Minutes.
B. MIN2021-77 Approval of the October 18, 2021 Pre -Council Meeting Minutes.
C. MIN2021-78 Approval of the October 18, 2021 Mayor and Council Meeting Minutes.
D. 2021-506 Approval of the recommended 2022 employee benefits insurance plans,
providers and plan designs as recommended by Insurance Broker, John
Knop of Oakbridge Insurance and staff and authorize the Mayor to sign
and execute all related documents.
Ward: City Wide
E. 2021-501 Approval of the City's Wellness Program renewal in the amount of
$125,000.00 with Corporate Health Partners (CHP) and authorize the
Mayor to sign and execute all related documents.
Ward. City Wide
F. 2021-470 Appointment of Assistant Public Works Director Bo Jones to serve as an
alternate member of the License and Variance Board and to remove the
appointment of Deputy City Administrator Penny Moceri as an alternate
member of the License and Variance Board.
Ward: City Wide
G. 2021-502 Appointment of Human Resources Manager, Mary Jordan, as the Civil
Service Board Clerk.
Ward: City Wide
H. 2021-508 Approve the closing of the following streets for the Smyrna Parks and
Recreation's Home for the Holidays: King Street from Stephens to
Village Green Circle; and W. Spring St. (from the fountain to King Street)
from 3:00 p.m. - 11:00 p.m. on Tuesday, November 30, 2021.
Ward 3 / Councilmember Travis Lindley
2021-511 Approval of the 2021 modified Crown Castle Site Lease Agreement BU
844202 / GA2383 Smyrna Police Fire / 2646 Atlanta Road, Smyrna Ga.
(Site Lease Agreement, dated January 9, 1997) and authorize the Mayor
to sign and execute all related documents.
Ward. City Wide
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J. Authorization to implement the pay study from the Carl Vinson Institute
specific to the Police Department to increase officer starting pay and
address compression in Police Administration. This will be funded by
General Fund reserves.
Ward: City Wide
K. Authorization for a one-time annual leave sell back of 40 hours for
employees who have 80 hours or more accrued as of November 1, 2021.
This will be funded out of General Fund reserves.
9. Ward / Committee Reports:
Councilmember Lewis Wheaton (Ward 7) - He will be sending out communication to
subscribers of his Ward 7 newsletter.
Councilmember Susan Wilkinson (Ward 5) - She wished her husband, Doward, a
happy 30th anniversary. She stated that they were married at the same time the Braves
were in the World Series previously. Go Braves!
Councilmember Charles Welch (Ward 4) - No report.
Councilmember Travis Lindley (Ward 3) - He stated that he and Councilmembers
Wheaton and Welch met with a stakeholder group for the future of Aunt Fanny's
Cabin. He also stated that he is working with staff to streamline the process of the
street lights amount that were listed on the property taxes and how HOAs need to
handle those.
Councilmember Austin Wagner (Ward 2) - Stated that there are no municipal
elections, but the Cobb County Ed-SPLOST referendum is something everyone in the
county can vote on and have their voices heard.
Councilmember Glenn Pickens (Ward 1) - He stated that about six months ago he and
Councilmembers Gould and Wheaton began working on a short-term rental ordinance.
The City is looking for feedback. There is a survey on the City website.
Mayor Pro Tem Tim Gould (Ward 6) - He reiterated the importance of voting for the
Cobb County Ed-SPLOST. Campbell High School has a clean up day on Saturday
moming. The Jr. ROTC organizes this event. He also mentioned that on Friday night
there will be a Smyrna Public Safety Gala.
10. Show Cause Hearings:
11. Citizen Input:
There were no show cause hearings.
Kathy Omaits - 207 Countryside - Expressed concern about the proposed brewery. She
stated it sounds great, but the size is a concern. She felt that an ultimatum was given
by the brewery that if the land they want is not available, then they will not come to
Smyma. She stated she was impressed with Council engagement and the questions
they asked during the pre -council meeting. She said she was left with the feeling that
Stillfire seem to be great people and doing good things, but she was also left with the
feeling that this is the wrong location and not a good fit. She hopes great consideration
is given.
Pat Bums -10 Concord Rd - She expressed that she is disappointed in the lack of
transparency surrounding the Council's embracing of Stillfire Brewery. Expressed
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12. Adjournment:
concern about delivery trucks in the city center. Stated that residents want to be part
of the decision -making process. (A full transcript of her submitted statement is on
record as part of the agenda packet.)
Jenny Bartee - 4094 Laurel Springs Way - She stated that citizens who are not in favor
of these projects are treated with disdain and are not given full consideration. She
hopes that as elected officials they act in the best interest's of the citizens. She
expressed hope for a brighter future.
Shaun Martin - Williams Park - She echoed the sentiments of previous speaker Jenny
Bartee. She stated that she is sad about what is happening in the downtown area and
cannot understand why the fountain had to be removed so suddenly. She read a letter
into record. (A full transcript of her submitted statement is on record as part of the
agenda packet.)
Joan Martin - 1191 Powder Springs St - She asked why the City is offering incentives,
like a parking deck, to Stillfire Brewery. She asked if other locations were considered.
She asked if an expansion of the Community Center was considered. (A full transcript
of her submitted statement is on record as part of the agenda packet.)
Montserrat Knowlton - 1367 Powder Springs St - She stated that she believes there will
be six silos at the brewery that can be seen as travelers enter Smyma from Marietta.
She stated that she believes Stillfire does not own the property in Suwanee. She
expressed that the open houses for the Downtown Redesign were flawed.
Mayor Pro Tern Tim Gould adjourned the November 1, 2021 meeting of the Mayor and
Council at 7:52 PM.
City of Smyrna Page 10
MAYOR AND COUNCIL MEETING
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DEREK NORTON GLENN PICKENS, WARD 1
MAYOR
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AUSTIN WAGNER, WARD 2
TIM GOULD, WARD 6
MAYOR PRO TEM
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HEATHER K. PEACON-CORN
CITY CLERK
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TRAVIS L DLEY, WAR 3
CITY SEAL: